Insanity Flashcards
What is the first part to write for insanity?
D may be able to argue the defence of insanity.
What act of Parliament?
S.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991.
What does this act say?
There must be evidence from 2 doctors, with one being an expert in mental health.
Who identified insanity as having a 3 stage test?
M’Naghten.
What is the 3 stages?
1) D must be suffering from a defect of reason.
2) Caused by a disease of the mind.
3) D must not understand the nature and quality of their actions.
What is stage 1?
The D must be suffering from a defect of reason. This is where the D’s reasoning is impaired. It must be more than temporary absentmindedness or confusion - Clarke.
What is stage 2?
The defect of reason must be caused by a disease of the mind. This means a physical disease which affects the operation of the mind. Insanity is caused by INTERNALLY affected conditions.
What are the examples of diseases of the mind?
1) Chronic Depression
2) Epilepsy - Sullivan
3) Diabetes - High blood sugar - Hyperglycaemia- Hennessy.
4) Schizophrenia
5) Sleep walking - Burgess
What is stage 3?
The D must not understand the nature and quality of their act.
The D must not know what they were doing was wrong and what the consequences would be - Windle.
