insanity

Question 1

what are the 2 types of criminal defenses

Answer 1

mental capacity defense
general defense

Question 2

what is a mental capacity defense

Answer 2

when the defendant did not have the mental capacity to fulfil the mens rea of the offence

Question 3

what is a general defense

Answer 3

The circumstances of the crime are such that it would not be right, just or fair to punish the defendant for their actions

Question 4

what are the mental capacity defenses

Answer 4

Insanity

Automatism

Intoxication

Question 5

what are the general defenses

Answer 5

Self-Defence

Consent

Necessity

Duress

Question 6

what are the rules for the defense referred to

Answer 6

M’Naghten Rules

Question 7

what does this case say (exact words)

Answer 7

“in all cases every man is presumed to be sane’’

Question 8

what are the requirements for insanity (3 with 2 subsections)

Answer 8

1. A Defect of Reason
2. Caused by a Disease of the Mind
3. Meaning D either:

(a) Does not know the nature and quality of their actions, or

(b) Does not know that their actions are wrong

Question 9

defect of reason meaning

Answer 9

D must be completely deprived of the power of reasoning (using common sense)

Question 10

defect of reason case 1

Answer 10

R v Clarke 1972

Question 11

defect of reason case 1and reason

Answer 11

R v Clarke 1972
when d is capable of reasoning but has failed to do this they cant blame

This was the woman who stole the mincemeat as she “forgot to pay”.

Her attempt to claim insanity was rejected – so she was found guilty.

Question 12

defect of reason case 2

Answer 12

R v Sullivan 1984

Question 13

defect of reason case 2 and reason

Answer 13

R v Sullivan 1984
The defect of reason can be temporary or permanent, as long as it exists at the time D did the criminal act.

Here this was caused by epilepsy, where D was not in a permanent state of epilepsy but it was “transient and intermittent”

This was still classed as insanity.

Question 14

disease of the mind meaning (don’t over complicate)

Answer 14

The defect of reason must be caused by a disease affecting the mind.

This is a legal definition – not a medical one.

It can be a mental illness, or a physical illness which affects the mind.

Question 15

conditions that are included (4)

Answer 15

Hardening of arteries
Epilepsy
Sleep walking
Diabetes

Question 16

conditions that aren’t included (1)

Answer 16

Psychotic episode due to cannabis

Question 17

hardening of the arteries case

Answer 17

R v Kemp 1956
It affected D’s mental faculties of reason, memory and understanding, even though it was not a brain condition)

Question 18

epilepsy case
(Same case as one of the defect or reason ones- think about what the cases are about xx)

Answer 18

R v Sullivan 1984
(The source of the disease is irrelevant. It could be ‘organic, as in epilepsy, or functional’)

Question 19

sleep walking case

Answer 19

R v Burgess 1991
(Sleepwalking as a result of a sleep disorder is classed as insanity. However if it is caused by an external factor (e.g. being hit on the head), it is not included)

Question 20

Psychotic episode due to cannabis case

Answer 20

R v Coley 2013
(Voluntary intoxication is an external factor and cannot be classed as insanity – even if it leads to a psychotic episode)

Question 21

diabetes case

Answer 21

R v Hennessey 1989
Hyperglycaemia from diabetes was seen as an internal factor which was then classed as insanity

Question 22

what case is the opposite of this

Answer 22

R v quick

Question 23

whats the difference between R v Quick and R v Hennessy

Answer 23

In Hennessy, the behaviour came about due to a failure to take insulin – therefore the defect occurred within the mind with no external factors. This was low blood sugar leading to hyperglycaemia.

In Quick, the behaviour was due to taking too much insulin alongside a lack of food and prior alcohol intake – therefore these were external factors and not enough for insanity. This was high blood sugar leading to hypoglycaemia.

Question 24

how could you use ‘D did not know the nature and quality of the act they were doing’

Answer 24

because d is:
Conscious but does not know what he is doing because of his mental state
or
Unconscious or in impaired consciousness so is not aware of their own actions

Question 25

what is a case to back this

Answer 25

R v Codere
A man sliced his wife’s throat thinking it was a loaf of bread

Question 26

‘D did not know what they were doing was legally wrong’ meaning

Answer 26

This refers to knowing their actions are illegal.

If D knows their actions are illegal they cannot use the defense of insanity.

This is the case even if their condition makes them think their actions are morally correct.

Question 27

case to back this

Answer 27

R v Oye (2013)
(Attacked police during psychotic episode as he believed they were demons and evil spirits and he was saving the world)

Question 28

what is the outcome of using the defense is a verdict of

Answer 28

NOT GUILTY BY REASON OF INSANITY

Question 29

what does this need to be followed by (1 act then 1 section (24))

Answer 29

the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 as amended by s.24 Domestic Violence, Crime and Victims Act 2004, this gives a judge the option to impose one of the following:

Question 30

what does this give the judge the option to impose (3)

Answer 30

Hospital Order
This is the only option for a murder charge
This can be for a set time or an indefinite time

Supervision Order
Usually involves treatment programme

Absolute Discharge
D walks away with no further punishment