Insanity

Question 1

Section 2 of the Trial by Lunatics act 1883

Answer 1

If at the time of committing the offence the defendant was insane then the jury should return with a special verdict of not guilty by reason of insanity

Question 2

Common Law definition of insanity contained in the M’Naghten rules 1843

Answer 2

“The defendant must prove that 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, that he did not know what he was doing was wrong”

Question 3

Factor 1 MR

Answer 3

Labouring under a defect of reason

-being deprived of the power to reason
-absent mindedness does not count ( r v clarke )

Question 4

Factor 2 AR

Answer 4

Arising from a disease of the mind

-must be caused by an internal factor (R v Kemp)

Question 5

Factor 3 AR

Answer 5

That he did not know the nature and quality of the act

• Physical nature and consequences, not moral ( r v oye )
• lack of understanding or awareness

Question 6

Factor 4

Answer 6

Knowledge that the act was wrong

• does the defendant know their acts were legally wrong ?
• not morally ( r v windle )