Insanity Flashcards
Who’s the burden of proof on?
The defence
What do the defence have to prove?
Balance of probabilities
Result of Insanity
D would not be sentenced but recieve an order of Not guilty by reason of insanity.
Who controls sentencing of insanity?
Domestic Violence, Crime and Victims Act 2004
What can judges give?
Order of hospital
supervision of treatment order
an absolute discharge.
Who laid down the rules of defence of insanity?
M’Naughten
Facts of M’Naughten
Tried to kill PM instead shot the secretary. Found not guilty on grounds he was insane.
Three elements
Defect of reason
Disease of mind
Not know the nature and quality of act or not knowing what he was doing was wrong
Defect of reason meaning
Complete loss of power of reason.
Didnt qualify under element 1 as has to be more than confusion or absentmindness.
Clarke
Defect of reason can be temporary or permanent.
Sullivan
Disease of mind meaning
Any malfunctioning of the mind caused by an inside source.
What section sets out disease of mind?
S1 Criminal Procedure Act 1991
What did S1 Criminal Procedure Act 1991 say?
D will need 2 medical experts to give medical evidence.
Brain is not considered mind.
Kemp
Disease can be any part of the body provided it has an effect of the mind.
Sullivan
Not know the nature and quality of act Meaning
In a state of unconsciousness or impaired conscious or due to a mental health condition
Jury disagreed with insanity and held murder.
Bratty
Nature and quality of act physical rather than moral nature of act.
Codere
Not Know the act was wrong Meaning
Legally rather than morally wrong.
What did windle say?
‘I suppose they will hang me for this’
Windle
Knew what he was doing was wrong.
Even if evidence of disease of mind if knew what they were doing no insanity.
Johnson
Didn’t know nature and quality of act or what they was doing was wrong.
Oye
What happens if the defect of reason comes about through intoxication?
Insanity fails
What happens if defect of reason comes about by alcoholism?
Insanity succeed
