Insanity

Question 1

What case established the legal test for insanity?

Answer 1

R v M’Naghten

Question 2

What is the legal test for insanity?it has 3 stages

Answer 2

Established in R v M’Naghten, insanity requires:
1. A defect of reason
2. A disease of the mind
3. Not knowing the nature and quality of the act or that it was wrong

Question 3

What is a defect of reason?

Answer 3

The D’s ability to reason must be impaired, not just absent-mindedness or confusion (R v Clarke).

Question 4

What case says that D can’t just absent-minded or confused

Answer 4

(R v Clarke).

Question 5

What must cause the defect of reason?

Answer 5

A disease of the mind caused by an internal factor, which can be mental or physical.

Question 6

. Give examples of conditions classed as a disease of the mind.

Answer 6

R v Hennessy – Diabetes (hyperglycaemia)
R v Kemp – Hardening of arteries
R v Sullivan – Epilepsy
R v Burgess – Sleepwalking

Question 7

R v Hennessy

Answer 7

Diabetes (hyperglycaemia)

Question 8

R v Kemp

Answer 8

Hardening of arteries

Question 9

R v Sullivan

Answer 9

Epilepsy

Question 10

R v Burgess

Answer 10

Sleepwalking

Question 11

What does “not knowing the nature and quality of the act or, knows it but does not know it is wrong” mean?

Answer 11

The D must be unaware of what they are doing or not know it is legally wrong.

Question 13

Case on Knowing Right from Wrong

Answer 13

R v Windle

Question 14

What happened in R v Windle?

Answer 14

D killed his suicidal wife but said, “I suppose they will hang me for this.”
This showed he knew it was legally wrong, so insanity was unavailable.

Question 15

What happens if D is found “Not Guilty by Reason of Insanity”?

Answer 15

The judge can impose:
1. Hospital order
2. Supervision order
3. Absolute discharge