insanity

Question 1

How many defences allow a defendant to establish whether they have the mental capacity for the offence with which they are charged and what are they?

Answer 1

There are 3 defences that allow such.

They are insanity, automatism and intoxication.

Question 2

Who is the burden of proving insanity on and what must it be proven on?

Answer 2

The burden of proving insanity is on the defence and must be proven on the balance of probabilities.

Question 3

What happens if the defence proves insanity?

Answer 3

If the defence proves this, there is a special verdict of ‘not guilty by reason of insanity’.

The judge can then impose a hospital order, supervision order or absolute discharge.

Question 4

What are the M’Naughten Rules>

Answer 4

The rules on insanity are based on the M’Naughten Rules set out from the decision in M’Naughten.

Question 5

What is the main M’Naughten rule?

Answer 5

The main rule is that “every man is presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes”.

Question 6

How is the defence established?

Answer 6

For this defence to be established, the defendant must prove 3 elements at the time of committing the act:

Question 7

What is the first element? (Hint = defect of reason).

Answer 7

The defendant must show that he was suffering from a ‘defect of reason’, meaning that their powers of reasoning was impaired.

Question 8

What did the case of R v Clarke rule?

Answer 8

R v Clarke ruled that ‘the defect of reason must be more than absent-mindedness or confusion’.

Question 9

What is the second element? (Hint = disease of the mind). Back with case example.

Answer 9

The defect of reason must be due to a ‘disease of the mind’, meaning that the disease can be a mental condition or a physical disease that affects the mind as in R v Kemp.

Question 10

What did R v Sullivan rule?

Answer 10

Epilepsy was a disease of the mind.

This meant that for the purposes of the M’Naughten Rules, the disease can be of any part of the body, provided that it has an effect on the mind.

Question 11

Which case law held that sleepwalking also amounts to insanity?

Answer 11

R v Burgess.

Question 12

What happens if the defendant’s state is caused by an external factor?

Answer 12

If the defendant’s state is caused by an external factor (if intoxicated), they cannot use the defence of insanity as in R v Coley.

Question 13

Why can the defendant’s state not be caused by an external factor?

Answer 13

The ‘disease of the mind’ must have an internal cause as in R v Quick.

Question 14

What is the third element? (Hint = unaware of the nature and quality of the act).

Answer 14

The defendant’s disease of the mind must cause him where he ‘does not know the nature and quality of the act’, or if he does, he doesn’t know that what he was doing was wrong.

Question 15

What does ‘nature and quality’ mean?

Answer 15

Nature and quality’ refer to the physical character of the act.

Question 16

What are the 2 ways in which the defendant would be unaware of his actions?

Answer 16

1. Where he is unconscious or has impaired consciousness or
2. Where he is conscious but due to his medical condition, he doesn’t understand or know what he is doing.

Question 17

What happens if either of the 2 states apply to the defendant at the time of committing the act? Back with case example.

Answer 17

If it is shown that either of these states apply to the defendant at the time of committing the act, then he satisfies this element of the M’Naughten Rules as in R v Oye.

Question 18

What if the defendant knows the nature and quality of his act and that it is legally wrong?

Answer 18

He cannot use the defence.

Question 19

Give a specific situation and case examples where the defendant could not use the defence of insanity.

Answer 19

Even if the defendant is suffering from a mental illness as in R v Windle, followed in R v Johnson.