Insanity Flashcards
Introduction?
M’Naghten
For the defence to prove insanity then there must be.
1) A defect of reason.
2) Which must be result of a disease of the mind.
3) Causing the D to not know the nature and quality of his act or to not know he was doing wrong.
1) Defect of Reason?
Clarke - said if D is capable of reasoning then you cannot claim insanity.
The defect of reasoning must be more than confusion and D’s power of reasoning must be impaired.
2) Disease of the mind? The disease can be a physical or mental one but it is a legal term not a medical one.
Sullivan - epilepsy could be a disease of the mind it doesn’t matter where the disease came from and that it isn’t permanent.
Legal Term not a medical one.
2) Disease of the mind? Has to be an internal factor not an external one. Kemp.
Kemp - hardening of the arteries which caused a problem with the brain is an internal medical disease and therefore insanity.
2) Disease of the mind? Has to be an internal factor not an external one. ?
Quick - Where the cause of a D’s actions is by an external factor it is not insanity. External - insulin was injected into the body but then he forgot to eat afterwards.
3) Causing the D to not know the nature and quality of his act or to not know he was doing wrong, two ways this can happen?
1) D is in a state of unconsciousness.
2) D is conscious but due to their medical condition does not understand or know what he/she is doing.
2) Disease of the mind? Voluntary Intoxication.
R v Coley - If intoxication causes a psychotic episode then not insanity as D has taken external substance.
3) Causing the D to not know the nature and quality of his act or to not know he was doing wrong, R v Oye?
D did not know what he was doing therefore defence of insanity.
3) Causing the D to not know the nature and quality of his act or to not know he was doing wrong, Johnson?
Even if a D suffers from a mental illness if they know what they are doing is legally wrong then they cannot claim insanity.
