Insanity^ Flashcards
M’Naghten Rule 1843 (Insanity)
in all cases every man is resumed to be sane and to posses a sufficient degree of reason to be responsible for his crimes
Sentencing/ Outcome Before (Insanity)
not guilty by reason of insanity
- send to a life in a mental hospital
- class all insanity as the same
- defence to different offences, yet have same sentence
Act? (Insanity)
Criminal Procedure Act 1991
Criminal Procedure Act 1991 - Sentences (Insanity)
gave more options for the judge
- hospital order (with/out restriction)
- supervision order
- absolute discharge
Murder
- send to mental hospital for life
- only released with permission
Elements (Insanity)
- Defect of Reason
- Disease of the Mind
- Cause the D to not know the nature and quality of his act or to not know he was doing wrong
R V Clarke (Insanity)
D must be deprived of the power of reasoning
- ability to understand reason is impaired
- has to be more than absentmindness or confusion
R V Kemp (Insanity)
Disease of the Mind
internal (mental) illness not physical
- can be caused by something physical
R V Sullivan (Insanity)
epilepsy can be a disease of the mind
R V Hennessy (Insanity)
the cause was internal (diabetes)
can use the rule of insanity
R V Quick (Insanity)
- the cause was external
- not a disease of the mind
- don’t fall under insanity
Not Knowing Nature or Quality (Insanity)
- Conscious of actions but didnt know what he was doing was wrong because of mental condition
- Unconscious or Impaired Consciousness
R V Oye (Insanity)
Conscious of actions, but didn’t know the nature or quality of act
R V Windle (Insanity)
Knew what he was doing was legally wrong so can’t use insanity
R V Johnson (Insanity)
Schizophrenic, but still knew what he was doing was legally wrong
