Insanity Flashcards
Burden of proof
Defence bears burden of proving Bop that d insane
Defence successful =“not guilty by reason of insanity”
Prosecution can also raise defence
Criminal procedure (insanity and unfitness to plead) act 1991
Murder - make hospital order
Other: - hospital order and order restricting discharge either for specific or indefinite period
- guardianship order under Mental Health Act 1983
- supervision and treatment order
- order for absolute discharge
Domestic Violence and victims act 2004
Question of fitness to plead to judge alone
M’naghten case
Laid down rules of insanity
Accused must show:
- suffering from defect of reasoning
-caused by diseased of mind
-so that he did not know the nature and quality of his act or he did not know that what he was doing was wrong in the law
Defect of reasoning
Deprived of the power to reason, rather than failing to use it
r v Clarke
Shoplifting, depression
Not defect of reasoning - retained ordinary powers of reasoning - momentarily acted as she did by failing to concentrate properly
R v Sullivan
Doesn’t matter whether defect of reasoning was temporary or permanent e.g epileptic fit
Disease of the mind
Legal not medical
Kemp - arteriosclerosis
Sullivan - epilepsy
Hennessy - diabetes
Burgess - sleepwalking
R v kemp
Arterioscleris, wife hammer, temporary blackouts - insane
Courts now distinguish between internal and external factors
R v Sullivan
GBH - epileptic fit - disease of mind, defect of reason
Burgess
Attack gf sleepwalking, hit on head + grasp throat
Insanity
R v quick
Nurse, attack patient, hypoglycaemia- diabetic
Insanity - appeal, caused by external factors
R v Hennessy
Diabetic, driving whilst disqualified, failed to take insulin - stress + depression - hyperglycaemia -automatism
Disease itself uncontrolled by insulin - insanity (internal)
R v coley, McGhee, and Harris
Cannabis, wake up stab neighbour
Claimed - blackout, no recollection, personality disorder, cannabis trigger physcotic episiode
Physcotic episode external - voluntary intoxication
Did not know nature + quality of act or what doing was wrong
Didn’t intent
