Insanity Flashcards
what must D prove on the balance of probabilities
that he/ she was insane at time of offence
if successful what will the verdict be
‘not guilty by reason of insanity’
what can judge impose if successful and what act does this come from
The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991:
hospital order
guardianship owner
supervision and treatment order
absolute discharge
what case does the law on insanity come from
M’Naughten
what 3 key issues must be established
- defect of reason
- caused by ‘disease it the mind’
- so that D does not know the nature + quality of his act/ does not know what he was doing was wrong
D’s power of reasoning must be impaired - what does this mean
D had an inability to use powers of reason
is D is capable of reasoning but has failed to use these powers, is this a defect of reasoning
no
what case states that being confused/ absentminded is not insane
Clarke
is ‘disease of the mind’ a legal or medical term
legal
what just a ‘disease of the mind’ be due to and what does it not include
an internal factor (medical/ physical disease that affects the mind) - does not include one brought on by external factors e.g. drugs
can a disease of the mind be temporary or permanent
yes - either
in what case did arteriosclerosis cause occasional lapse of consciousness which was treated as insanity
Kemp
in what case did a psychomotor epileptic seizure amount to insanity
Bratty
what case stated that a minor epileptic fit can amount to insanity rather than automatism
Sullivan
what case said that if disease affects mind then it comes under definition of insanity
Hennesey
what case stated that it cause of sleepwalking is internal then it is a disease of the mind
Burgess
what case allowed the defence of insanity as failing to take medication amounted to an internal cause
Thomas
under third element of insanity, what must D prove
did not know what he was doing/ did not appreciate consequences of his act/ did not appreciate circumstances in which he was acting
what case stated that D did know the nature + quality of his act and that what he was doing was so he could not rely on defence of insanity
Windle
until 1991 what would happen to D it defence succeeded
automatically committed to psychiatric hospital
what act states that judge may make:
• hospital order (with/ without restrictions)
• supervision order
• an order for absolute discharge
1991 act amended by Domestic Violence, Crime and Victims Act 2004
if defence successful for murder, what will happen to D
unavoidable indefinite hospitalisation
