Insanity Flashcards
1
Q
What is insanity?
A
A special defence to criminal offence, established under the M’Naughten rules, it must be proven that D is suffering from a defect of reason, which arises from a disease of the mind so D does not know the nature or quality of the act
2
Q
If insanity is successfully proven, what is the verdict?
A
Not guilty by reason of insanity
3
Q
What is meant by defect of reason?
A
- This means that the defendant’s powers of reasoning must be impaired If the defendant is capable of reasoning but has failed to use those powers, then
this is not a defect of reason - R v Clarke ‘defect of reason’ in the M’Naghten rules applied only to ‘persons who by reason of a “disease of the mind” are deprived of the power of
reasoning’.
4
Q
What is meant by a disease of the mind?
A
This is a legal term, not a medical one. The
disease can be a mental disease or a physical disease which affects the mind
R v Kemp
R v Sullivan
5
Q
What is organic insanity?
A