Insanity Flashcards
Who does the burden of proof lie with for Insanity?
The defence
Balance of probabilities
Is Insanity a full defence if proven?
Yes but can lead to defendant being sent to hospital
What Act and Year covers Insanity?
Criminal Justice (Insanity and Unfitness to Plea) Act 1991
What case laid out insanity?
M’naughten - tried to kill PM but killed member of staff
What were the three points laid out in M’naughten?
- Suffered from defect of reason
- Disease of mind
- Not know nature or quality of act/did not know what he was doing was wrong
What 2 cases relate to the first point of Insanity?
R v Clarke
R v Sullivan
R v Clarke?
Failed to consider properly didn’t lack ability - suffering with depression
R v Sullivan?
Does not matter if defect is temporary or permanent - epileptic fit - epileptic fit
Does not matter if defect is temporary or permanent - epileptic fit - epileptic fit
Kemp - arteriosclerosis
Sullivan - epilepsy
Hennessy - diabetes
Burgess - sleepwalking
R v Kemp?
Suffered arteriosclerosis - temporary blackouts
Introduced internal and external factors
R v Sullivan?
Epileptic fit - mental faculties impaired
R v Burgess?
Attacked girlfriend while sleepwalking - not automatism as internal
R v Quick?
Hypoglycaemia - not eating after insulin - automatism -
Hypoglycaemia can’t be self induced for defence
R v Hennessy?
Failed to take insulin - disease itself without insulin that caused unlike Quick
R v Coley, McGhee and Harris?
Consumed cannabis - psychotic episode due to cannabis - external factor
