insanity Flashcards
is insanity a full defence
yes
what is insanity
accused claims that he commited crime due to mental state , bears the burden of proof and balance of probability
what is the mcnaughten case
set out the three points
1- defect of reasoning
2- disease of the mind
3- nature and quality was wrong
what is defect of reasonings
individual is deprived of the power of reasoning
r v clarke
depression may be disease of mind but defendant had ordinary powers of reasoning , not failing to concentrate
r v sullivan
does not matter if defect of reasoning was temporary or permanent
what is disease of the mind
legal definition, covers states of mind doctors would not neccesasrily treat as a disease of the mind , covers wide range of situations
R v kemp
had arteriosclerosis, causes blackouts, hit wife, held insanity because hardening of arteries was disease of the mind
r v sullivan
epileptic fit, injured someone, epilepsy wad disease of the mind because during a fit mental factualises could be impaired
R v burgess
attacked gf while sleepwalking, was insanity because cause was internal
R v quick
hypoglemic , from not eating, caused by external factor, wasnt insanity
R v Hennesy
was the disease itself, suffered from hyperglycima put him in state of automatism, internal cause so was insanity
R v coley, mgchee and harris
psychotic episode cause by external factor (cannibus) not insanity but volunatry intoxication
what is the meaning of did not know that nature and quality of the act was wrong
defendant did not intend to do what he did wasnt aware of it
r v johnson
had paranoid schizopphrenia , thought it was morally right but he knew what it was legally wrong, no defence
r v coley , mcghee and harris
binge drinking, psychotic episode, burned house but removed important documents first, knew what he was doing
r v keel
knew it was morally wrong but didn’t realise it was legally wrong, understood it was wrong in some capacity
convicted of three accounts of attempted murder
