Insanity

Question 1

what is the primary case for insanity?

Answer 1

M’ Naughten
1843

Question 2

where is the charging standard

Answer 2

Criminal Procedures Act 1991
Judge can impose:
-a hospital order
- a supervision order
- an absolute discharge

Question 3

Defect of reason
R v Clarke

Answer 3

• powers or reasoning must be impaired
• cannot be absent mindedness or confusion, needs to be more

Question 4

Disease of the mind
R v Kemp
R v Sullivan
Causes examples (cases)
R V Coley

Answer 4

• defect or reason is due to a disease of the mind
• either physical or mental illness (legal term)
• must be an internal cause, source of disease is irrelevant but must exist at time of incident
• Hennessy, Quick, Burgess
• if the D’s state is a result of improper action or failure by the D the defence will not succeed(vol intoxication).

Question 5

Doesn’t know the nature of quality:
Kemp, Sullivan, Henessy and Burgess

Answer 5

• because he is in a state or unconsciousness or impaired consciousness

Question 6

PART 2
R v Oye
R v Windle
R v Johnson

Answer 6

• where he is conscious but due to his mental condition he does not understand or know what his is doing
• Successful
• Fails, knew what he was doing was wrong
• Fails. condition wasn’t effecting him at the time