insanity Flashcards
Defences
There are several defences available to a person who has been convicted of a crime
If a person is able to use a defence successfully then they are acquitted and free to go
Only exception is insanity
Insanity
based on M’naughten rules:
1. must be a defect of reason
2. must be as a result of a disease of the mind
3. causes the D not to know the nature and quality of his acts
M’naughten 1943
thought he was being prosecuted by gov so attempted to kill an MP but killed a secretary instead
found not guilty for murder by reason of insanity and was admitted to a hospital
burden of proof
on the d who must prove it on the balance of probability
defect of reason
must be due to a disease of the mind
can be physical or mental because it is a legal term not a medical term
Burgess 1991
sleep walking comes under insanity if the person suffers from an internal sleep disorder
Kemp 1956
had a condition that involved the hardening of the arteries which caused temporary loss of consciousness
during he attacked his wife with a hammer which caused serious injury
not guilty by reason of insanity
quick 1973
d was a diabetic who had taken insulin but not eaten enough
then had low blood sugar which affected the brain
couldn’t claim insanity as it was an external factor
point of law
disease of the mind must originate from an internal source
not knowing the nature and quality of the act or not knowing that it is wrong
means the physical nature and consequence, not the moral element of the act
may be due to:
- state of unconsciousness or impaired unconsciousness
- a lack of understanding or awareness due to a medical condition whilst conscious
windle 1952
D wife constantly spoke about suicide
D killed her with an overdose of asprin
gave himself up
was suffering from a mental illness, but the words showed he knew what he was doing wrong
couldn’t claim insanity
