Insanity

Question 1

M’Naughten (1843)

Answer 1

Must be a:
- Defect of reason
- Disease of the mind
- Causes D to know the nature and quality of his act OR not know what he was doing was wrong

Question 2

Loake v DPP

Answer 2

Insanity is a general defence and not limited to crimes requiring mens rea, defence was allowed.

Question 3

Defect of reason

Answer 3

Defendants power of reasoning must be impaired

Question 4

Clarke (1972)

Answer 4

Simple moments of absent mindedness is not enough for defect of reason

Question 5

R v Windle

Answer 5

Was deemed aware that he knew what he was doing

Question 6

R v Sullivan

Answer 6

Defect of reason may be permanent or temporary

Question 7

Disease of the mind

Answer 7

Defect of reason must be due to a disease of the mind. This is a legal term, not a medical one. The disease can be a mental disease or a physical one.

Question 8

Kemp

Answer 8

Mental faculties and reasoning were affected by his condition and so he came into the definition of insanity.

Question 9

Sullivan

Answer 9

Disease can affect any part of the body as it also has an affect on the mind

Question 10

Hennessy

Answer 10

Diabetes can be a defect of the mind

Question 11

Burgess

Answer 11

Sleep disorder caused by internal causes so insanity

Question 12

External factors that cause the defendants state of mind is not insanity

Answer 12

Quick 1973

Question 13

Nature and quality of the act

Answer 13

Physical character of the act

Question 14

What are the two ways that the defendant may not know the nature and quality of act?

Answer 14

• State of unconsciousness or impaired conscienceness
• When he is conscious, but due to his mental condition, he does not understand what he is doing