Insanity Flashcards
Rule of insanity
M’Naughten rules:
Defect of reason,
Causing a disease of the mind (mental or physical),
Resulting in D not understanding the nature/quality of their actions.
Defect of reason case
Clarke
Disease of the mind
Mental (Burgess), Physical (Kemp)
D does not know nature/quality of his act
(part of insanity test)
Windle
Insanity verdict
Hospital order with no time limit under Criminal Procedure (Insanity & Unfitness to Plead) Act 1991 amended by s.5 Criminal Procedure (Insanity) Act 1994
alternatively for less credit Hospital order with no time limir under s.5 criminal procedure (insanity) act 1994
Specific type of diabetes for insanity
HYPER-Glycaemia (as it is an internal cause)
D does not know nature/quality (3 components)
D does not appreciate consequence of action
D does not know what he is doing
D did not appreciate the circumstances