Insanity Flashcards
What are the M’Naghten rules?
- The defendant was labouring under a defect of reason
- The defect was caused by a disease of the mind
- The disease of the mind caused D not to know the nature of their conduct
What was held in R v Clarke?
The COA held that short periods of absent-mindedness is not a defect of reason
What was held in R v Kemp?
The hardening of the arteries was a disease of the mind as it led to a loss of consciousness
What was stated by Lord Devlin in ‘Kemp’?
Medical eveidence is not important. Just the state of mind, not how he got there
What was held in R v Sullivan?
Epilepsy is a disease of the mind
What did Lord Diplock state in ‘Sullivan’?
A defect of reason is the “duration of temporary suspension of the mental faculties of reason, memory and understanding”
What was held in R v Burgess?
Evidence demonstrated that there was an abnormality or disorder in sleepwalking due to an internal factor
What was held in R v Hennessy?
The hyperglycaemic state was caused by diabetes and not an external factor, like in ‘Quick’
What was held in R v Quick?
The insulin and spirits taken were the factor causing the hypoglycaemic attack, and so as it was not a disease of the mind, the defence was automatism
What was held in R v Coley?
The defence of insanity could not be considered by the jury as his state of mind was caused by voluntary intoxication
What was held in R v Oye?
The defendant was acquitted as he was under the belief he was being attacked
What was held in R v Windle?
D knew the killing of his wife was unlwaful and so could not rely on a defence
What was held in R v Johnson?
‘Windle’ was followed as it shows the M’Naghten rules apply when the defendant does not know what they were doing was legally wrong
