Insanity

Question 1

Insanity renders person incapable of:

Answer 1

(a) Understand the nature and quality of act/omission
(b) knowing that the act or omission was morally wrong

Question 2

(a) Shot at cops thinking they were Russian cops

Answer 2

Green
Despite delusion he thought he was still shooting at people which was enough to convict

Question 3

(a) Become convinced his friend was a demon –heard voices (friend taunting him, others telling him to kill him; stabbed friend to death;

Answer 3

Armstrong
He appreciated the nature, but not the quality of his actions; i.e. the identity of the victim [a human being] went to the quality of the act; acquitted – insanity.

Question 4

(b) man went on rampage with samurai sword while on meth and having a personality disorder

Answer 4

Dixon
‘The focus is on the accused’s state of mind and whether he appreciated that what he was doing was wrong …

Question 5

(a) Woman stole, money had split personality disorder, claimed one of her alternative personalities did it

Answer 5

Hamblyn
What was the persons state of mind at the time of the offending? Here if they let her get away with it anyone with split personality disorder could get away with anything

Question 6

(b) MacMillan

Answer 6

‘the fact finder must focus on the subjective view of the D’ [whether act/omission morally wrong]- but D’s perceptions of what others think relevant to whether the ‘genuinely believed’ actions were morally justified’.

Question 7

insanity verdict

Answer 7

Usually have to go to some sort of mental institution

Question 8

(b) Schizophrenic man stabs woman on marae claiming he had to save his family from a demon and thought it was morally right

Answer 8

Mason
Knew it was legally wrong - but he thought he was subjectively morally justified. Insanity proven

Question 9

automatism with case

Answer 9

Automatism person not being aware of what they are doing (classic example being sleep walking)

Cameron (slept in same room as 15 year old, raped her, claimed he was asleep)
rationale for classifying sexsomnia as a ‘disease of the mind’ … rendered incapable… no external cause of the condition in this case; No treatment - recurrence near inevitable – ongoing danger to others (R v Cottle)