Insanity

Question 1

What will the verdict be if insanity is used

Answer 1

Not guilty by reason of insanity

Question 2

What may an insanity decision end in

Answer 2

1.A hospital order and an order restricting discharge for a limited/ unlimited period of time.
2.A guardianship order
3.A supervision and treatment order
4.An order for absolute discharge

Question 3

What act of parliament introduced the 4 possible outcomes from a verdict of insanity

Answer 3

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Question 4

If the defence wish to use this defence what must they prove

Answer 4

On the balance of probabilities that at the time of the offence he was insane

Question 5

If the prosecution bring forward this defence what must they prove

Answer 5

They must prove beyond reasonable doubt that they were insane in that moment

Question 6

What s the definition of insanity

Answer 6

The party accused was under such defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing, or as to know that what he was doing was wrong

Question 7

What case would you use for the definition id insanity

Answer 7

M’Naghten

Question 8

What are the 3 parts that you must go through in insanity

Answer 8

Defect of reason, disease of the mind and D doesnt know the nature of their actions

Question 9

What must insanity be in terms of how the impairment has come about

Answer 9

Internal

Question 10

What is a defect of reason

Answer 10

D has the inability to use powers of reason

Question 11

What must the defect be

Answer 11

More than absent mindedness or confusion

Question 12

What case states what the defect must be more than

Answer 12

Clarke

Question 13

What case states that any crime can use insanity as a defence

Answer 13

Loake v DPP

Question 14

What is the definition of disease of the mind

Answer 14

Any illness which affects memory, reasoning or understanding caused by an internal source

Question 15

What case would you use to support the definition of disease of the mind

Answer 15

Kemp

Question 16

What state may your diseased mind be

Answer 16

Temporary or permanent

Question 17

What helps you decide what is defined as a disease of the mind

Answer 17

Previous cases

Question 18

What are some medical conditions that can fall under disease of the mind

Answer 18

Epilepsy, diabetes and sleepwalking

Question 19

What case states epilepsy is a disease of the mind

Answer 19

Sullivan

Question 20

What case can you use for diabetes as a disease of the mind

Answer 20

Hennessy

Question 21

What case would you use for sleepwalking being a disease of the mind

Answer 21

Burgess

Question 22

What must you prove in order to use an actual medical condition as disease of the mind

Answer 22

That you have a history of it, must be a medical record

Question 23

What are the 3 things that D must prove to show that he didn’t know the nature and quality of his actions

Answer 23

He didn’t know what he was doing
He did not appreciate the consequences of his act
He did not appreciate the circumstances in which he was acting

Question 24

What case would you use for D didn’t know the nature and quality of his actions

Answer 24

Ole