Insanity

Question 1

Definition (M’Naghten)

Answer 1

D must have a defect of reason from a disease of mind and either does not know the nature and quality of his act or does not know it is wrong, as “every man is presumed sane”

Question 2

(Clarke)

Answer 2

D must have a defect of reason, this means that Ds powers of reasoning are impaired. Beyond absentmindedness or confusion

Question 3

(Quick)

Answer 3

Defect must be caused by a disease of the mind, this can be mental or physical and must be internal.

Question 4

(Burgess)

Answer 4

Sleep disorder causing sleep walking.

Question 5

(Hennessy)

Answer 5

Diabetes -failing to take insulin (internal condition of diabetes affecting D)

Question 6

(Kemp)

Answer 6

Condition affecting the blood supply to the brain, causing a temporary loss of consciousness

Question 7

(Sulivan)

Answer 7

Epilepsy - it can be ‘permanent, transient or intermitten’

Question 8

(Windle)

Answer 8

D must not know the nature and quality of the act or does not know it is wrong

Question 9

(R v Oye)

Answer 9

2 ways they may not know the nature and quality of act: 1. They are unconscious or have impaired consciousness. 2. Conscious but due to mental state does not understand/ know what they are doing

Question 10

Outcome

Answer 10

Will not be guilty by reason of insanity and judge may impose a hospital order