Insanity Flashcards
What will the verdict be if insanity is used
Not guilty by reason of insanity
What may an insanity decision end in
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
What act of parliament introduced the 4 possible outcomes from a verdict of insanity
Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
If the defence wish to use this defence what must they prove
On the balance of probabilities that at the time of the offence he was insane
If the prosecution bring forward this defence what must they prove
They must prove beyond reasonable doubt that they were insane in that moment
What s the definition of insanity
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
What case would you use for the definition id insanity
M’Naghten
What are the 3 parts that you must go through in insanity
Defect of reason, disease of the mind and D doesnt know the nature of their actions
What must insanity be in terms of how the impairment has come about
Internal
What is a defect of reason
D has the inability to use powers of reason
What must the defect be
More than absent mindedness or confusion
What case states what the defect must be more than
Clarke
What case states that any crime can use insanity as a defence
Loake v DPP
What is the definition of disease of the mind
Any illness which affects memory, reasoning or understanding caused by an internal source
What case would you use to support the definition of disease of the mind
Kemp
What state may your diseased mind be
Temporary or permanent
What helps you decide what is defined as a disease of the mind
Previous cases
What are some medical conditions that can fall under disease of the mind
Epilepsy, diabetes and sleepwalking
What case states epilepsy is a disease of the mind
Sullivan
What case can you use for diabetes as a disease of the mind
Hennessy
What case would you use for sleepwalking being a disease of the mind
Burgess
What must you prove in order to use an actual medical condition as disease of the mind
That you have a history of it, must be a medical record
What are the 3 things that D must prove to show that he didn’t know the nature and quality of his actions
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
What case would you use for D didn’t know the nature and quality of his actions
Ole
