Insanity Flashcards
Type of defence
Mental capacity defence
Caused by ___ factors
External
Criteria for M’Naghten 1843
- Defect of reasoning
- Disease of mind
- D didn’t know nature and quality of conduct
R v Clarke, ESTABLISHED
Absentmindedness and confusion is not enough, she was not “deprived of the power of reasoning”
Defect of reasoning means
D’s power of reasoning is impaired,
Absentmindedness is not enough
Disease of mind has to be
Internal; can be mental or physical
R v Kemp, CASE FACTS
Had heart condition that hardened his arteries causing low blood flow to the brain, attacked his wife with hammer
Charged under s.20 OAPA 1968
Case for sleep walking
R v Burgess, has to be from a sleeping disorder can’t be caused by external factors
Case for epilepsy
R v Sullivan
Case for diabetes
R v Hennessy, she didn’t take enough medication, still cased by insulin
Not considered disease of mind- with cases
Medication- R v Quick, lack of food after taking his insulin after attacking a patient
CoA did not allow a defence as insulin he took caused the behaviour
Mind altering substances- R v Coley, attacked neighbour after taking cannabis
Claimed he blacked out and didn’t remember any of it
CoA upheld his initial conviction as intoxication was voluntary and an external factor
Not knowing nature and quality of the act
The physical nature of the act
R v Oye
CoA said NGRI as he was having a psychotic episode when he punched an officer
R v Windle
“I suppose they will hang me for this”, he knew what he was doing was wrong
