Insanity

Question 1

How is insanity established?

Answer 1

The M’Naghten Rules 1843

Question 2

What are the M’Naghten Rules?

Answer 2

1) Defect of Reason
2) Disease of the mind
3) D doesn’t know nature of act or that it’s legally wrong

Question 3

Describe Defect of Reason
- With cases

Answer 3

D’s power of reasoning in impaired more than confusion
- R v Clarke

Question 4

Describe Disease of the mind
- With cases

Answer 4

Any disease resulting in malfunctioning of brain, whether mental illness or not

A legal concept, not medical

R v Kemp

Question 5

Other supporting cases for Disease of the Mind

Answer 5

Need not be permanent
- R v Sullivan

Must be internally caused
- R v Henessey

Question 6

Describe D doesn’t know nature of act and that it’s legally wrong

Answer 6

D doesn’t know what he’s doing
- R v Quick

Or does know, just not that it’s illegal
- R v Windle

Question 7

What is the verdict/sentencing if Insanity is established

Answer 7

Not guilty by reason of insanity
- Hospitalisation
- Supervision order
- Absolute discharge