Insanity Flashcards
Where from?
House of Lords 1843 - M’Nagthten Rules
What does m’naghten say?
· Every man is presumed to be sane
· Balance of probabilities
· Defect of reason, disease of the mind, not to know the nature and quality of the act or did not know what he was doing was wrong
-Not guilty by reason of insanity
- A defect of reason
Completely deprived of power of reasoning
R v Clarke - D is capable of reasoning but fails to do so is not defect of reasoning
R v Sullivan - Defect of reason can be temporary or permanent, as long as its at time of crime
- Caused by a disease of the mind
Internal factors
Sullivan (epilepsy at time) smoked hemp (kemp - arteries), ate burgers (burgess - sleep disorder) and drank hennessey (hyperglycaemia) with coley (psycho while high)
3a. Meaning D doesnt know the nature and quality of their actions
D is conscious but not know what doing due to mental state or Unconscious or impaired consciousness so unaware of actions
E.g. bread (r v codere)
3b. Or does not know their actions are wrong
D knowing if actions are illegal. If they know, cannot use insanity as they are aware its wrong
R v Oye - fighting demons (police)
R v Windle - suicidal wife- ‘hang me for this’
R v Johnson
Outcome
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
- hospital order
- supervision order
-absolute discharge