insanity

Question 1

what act covers insanity?

Answer 1

s2 trial of lunatics act 1883

Question 2

what is the common law definition of insanity (mnaghten rules)?

Answer 2

-d must prove at the time of the offence he was labouring under such a defect of reason
-arising from a disease of the mind
-that he did not know the nature and quality of the act he was doing
-or, if he did know it, he did not know that what he was doing was wrong

Question 3

what are the starting points of the defence of insanity?

Answer 3

-d is presumed sane
-prosecution, defence or judge can raise the issue of insanity
-burden of proof on d to prove on the balance of probabilities
-judge decides whether or not the d is fit to plead

Question 4

what is meant by ‘labouring under a defect of reason’?

Answer 4

-mens rea element
-being deprived of the ability to reason, not just failing to
-doesn’t include absentmindedness/being confused

Question 5

what is meant by ‘arising from a disease of the mind’?

Answer 5

-actus reus element
-legal term, not medical, although it requires medical evidence
-covers organic or functional, permanent or transient, and intermittent issues
-must be cause by an internal factor existing at the time of the act

Question 6

what is meant by ‘did not know the nature and quality of the act’?

Answer 6

-actus reus element
-means the physical nature and consequences (not moral quality)
-may be due to a state of unconsciousness, or impaired consciousness, or a lack of understanding due to a mental condition while conscious

Question 7

what is meant by ‘or did not know what he was doing was wrong’?

Answer 7

-mens rea element
-defence will fail if d understood their actions were legally wrong, even if they had mental illness
-doesn’t mean morally wrong

Question 8

what are the consequences of a successful insanity defence?

Answer 8

-not guilty by reason of insanity = acquittal
-for murder it’s indefinite hospitalisation under s24(1)(3) of the domestic violence, crime and victims act 2004
-for all others, s5 criminal procedure (insanity) act 1964 offers three options
1-hospital order
2-supervision order
3-absolute discharge

Question 9

key cases on insanity

Answer 9

-r v mnaghten (rules)
-r v clarke (defect of reason)
-r v kemp (disease of the mind)
-r v quick (disease of the mind)
-r v coley (whole definition)

Question 10

what are the reform proposals for the insanity defence?

Answer 10

-law commission (criminal liability: insanity and automatism 2013)
-terming someone with (Eg) diabetes as ‘insane’ is arbitrary
-mismatch between modern psychiatry and the legal definition
-internal/external requirement made the scope of the defence ‘surprisingly wide
-sleepwalking has inconsistencies