INSANITY Flashcards
What is the defence of insanity?
A mental capacity defence
What are the M’Naghten Rules 1843?
Rules that outline 3 elements that need to be satisfied to establish a defence of insanity
Who has the burden of proving insanity?
The defence who must prove it on the balance of probability
What is the first element that must be satisfied under the M’Naghten Rules?
The defendant must have a defect of reason
This means the defendant is deprived of the powers of reasoning, which is more than absent-mindedness or confusion set out in CLARKE
What does ‘defect of reason’ mean?
Deprived of the powers of reasoning
It can be permanent or temporary, as illustrated in the case of Sullivan.
What is the second element that must be satisfied under the M’Naghten Rules?
The defect of reason must be due to a disease of the mind
This is a legal test, not a medical one, and can be an internal mental disease or a physical disease which affects reasoning, memory or understanding
What are some examples of diseases of the mind?
- Delusional/paranoid (M’Naghten)
- Hardening of the arteries (Kemp)
- Epilepsy (Sullivan)
- Diabetes (Hennessy)
- Sleep disorder (Burgess)
What is said about being diabetic as set out in quick?
being diabetic and taking insulin which results in low blood sugar is an external cause and is automatism
what does the case of COLEY set out?
the presence of intoxication through alcohol or drugs is an external factor and is not a disease of the mind
What is the third element that must be satisfied under the M’Naghten Rules?
The defendant must not know the nature and quality of their act meaning that they dont understand or know what they are
OR
must not know that their act is wrong in the law (OYE, WINDLE)
What verdict is given if the defendant proves insanity?
‘Not guilty by reason of insanity’ is given
What orders can a judge impose after a ‘not guilty by reason of insanity’ verdict?
- Mental hospital order
- Supervision and treatment order
- Absolute discharge
