insanity

Question 1

M’Naghten Rule (r v m’naghten)

Answer 1

in all cases every man is presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes

Question 2

insanity and unfitness to plead act 1991

Answer 2

• no longer life in mental hospital when deemed insane
• a hospital order (with or without restrictions)
• a supervision order
• absolute discharge
• when the offence is murder the judge must impose an indefinite life sentence

Question 3

r v clark (element one)

Answer 3

must be deprived of the power of reasoning (a defect of reasoning)
- must be more than absent mindedness or confusion

Question 4

element two (insanity)

Answer 4

the defect of reasoning must be because of a disease of the mind (external or internal)

Question 5

kemp 1956

Answer 5

he had harder arteries which gave him moments of absent mindedness which still counted as a disease of the mind

Question 6

quick 1973

Answer 6

this was an external factor so it was automatism. his insulin changed his behaviour

Question 7

hennessey 1989

Answer 7

internal factor.
his diabetes caused the behaviour

Question 8

r v windle

Answer 8

he knew what he was doing was legally wrong not morally wrong. ‘i suppose they’ll hang mr for this.