Insanity

Question 1

Elements of the defence

Answer 1

M’ Naghten set out the rules
D suffered from defect of reason
Caused by a disease of the mind
D does not know the nature and quality of his act or does not know that what he was doing was wrong

Question 2

1. Defect of reason

Answer 2

Inability to use powers of reasoning , total lack of awareness at the time of offence
Clarke - being temporarily absent minded does not mean d has a defect of reason , not insanity

Question 3

2. Caused by a disease of the mind

Answer 3

Sullivan - legal and medical definition of disease of the mind very different e.g epilepsy, diabetes.
But be a physical disease, not external factors
Bratty - medical evidence of a medical condition
Kemp - can be temporary or permanent
Bratty - any mental disorder that could lead to violence that is like to reoccur is a disease of the mind

Question 4

3. D does not know the nature and quality of his act or does not know that what he was doing was wrong

Answer 4

Either
1. D does not know the nature and quality of his act
2. D does not know that what he was doing was wrong
Johnson - legally wrong

Question 5

Consequence

Answer 5

Successful defence - d not found guilty but given a special verdict of “not guilty by reason of insanity”