insanity Flashcards
m’naghten
defendant suffered severe paranoia and thought he was being persecuted by the government . he tried to kill a member of the government, instead killed his secretary. he was found not guilty on the basis of insanity and sent to a mental hospital.
clarke
defendant went into a supermarket and left without paying for 3 items including mince meat. she has no recollection of it afterwards, and didn’t eat mincemeat. her absent mindedness/confusion was not enough to be insanity
kemp
D suffered from hardening of the arteries which caused a problem with blood supply to the brain , causing temporary loss of consciousness. during one episode he attacked his wife with a hammer, causing serious injuries . his condition came within a disease of the mind and the verdict was ‘not guilty by reason of insanity ‘
sullivan
D suffered from epilepsy and during a fit he showed aggression to another man who was trying to help him , causing injuries . verdict ‘not guilty by reason of insanity’
hennessy
D was a diabetic who had a hyperglycaemic (too much sugar) episode due to the failure to take insulin. he drove off in another persons car but had no recollection of it afterwards . diabetics is an internal factor causing a disease of the mind , and the verdict was ‘not guilty by reason of insanity’
quick
D was a nurse who attached a patient , causing Injuries. D was a diabetic who had taken his insulin dose , but had not eaten sufficient food so had low blood sugar levels . this was automatism not insanity , caused by external factor of not eating properly after taking insulin , so insanity won’t work
burgess
D and his girlfriend fell asleep after watching videos . D attacked his girlfriend in his sleep, a sleep disorder was held to be an internal disease of the mind , so the verdict ‘not guilty by reason of insanity’
oye
D was arrested in a café when he threw plates at the police. at the station he drank water from the toilet , and broke a female officer’s jaw . he said he thought the police had demonic faces and were agents of evil spirits . medical evidence suggested he did not know what he was doing , and did not know he was wrong in law , verdict ‘not guilty by reason of insanity’
windle
D’s wife often spoke about committing suicide. D who suffered from a mental illness, gave her 100 aspirins , killing her . he gave himself up and said “I suppose they will hang me for this” . he therefore did know he was wrong in law and was found guilty of murder
intro
-the defence of insanity may apply , a mental capacity defence
-the rules on insanity are based on the M’Naghten Rules 1843 , which sets out 3 elements that need to be satisfied
-the burden of proving insanity is on the defence , who must prove it on the balance of probabilities.
element one
-firstly , the defendant must have a defect of reason , which means deprived of the powers of reasoning , and is more than absent mindedness or confusion, set out in Clarke
-It can be permanent or temporary, as in Sullivan.
element two
-secondly, the defect of reason must be due to a disease of the mind
-This is a legal test ,not a medical one , and can be an internal mental disease or a physical disease. -It must affect the ‘reasoning , memory or understanding ‘ to be classed a disease of the mind .
-Examples are being delusional/paranoid-M’Nagten, hardening of the arteries-Kemp, epilsepy -Sullivan, diabetes-Hennessy and sleepwalking (sleep disorder) - Burgess.
-Being diabetic but not eating properly , is an external cause and is automatism not insanity , as in Quick. The presence of intoxication through alcohol or drugs is an external factor and is not a disease of the mind (Coley)
third element
-thirdly, the defendant must not know the nature and quality of their act , which means he does not understand or know what he is doing , OR must not know that their act is wrong in law , which means that he does not know that it’s against the law , set out in Oye and Windle .
conclusion
-Where the defendant proves insanity , the special verdict of ‘not guilty by reason of insanity’ is given . The judge can impose a (mental) hospital order , a supervision and treatment order or an absolute discharge
-To conclude , all 3 M’Nagten rules are satisfied , so D will be found not guilty by reason of insanity.
