Insanity

Question 1

Definition

Answer 1

D must be labouring under a defect of reason from a disease of the mind and must either not know the nature and quality of the act he or she is doing or not know what he or she is doing is wrong (M’Naughten)

In all cases every man is presumed to be sane

Question 2

To prove insanity…

Answer 2

… The m’naghten rules state that D must prove all of the above

Question 3

D has a defect of reason

Answer 3

D’s powers of reasoning are impaired
If D is capable of reasoning but failed to do so then it is not a defect of reason, absent- mindedness or confusion is not enough (Clarke)

Question 4

This was caused by a disease of the mind

Answer 4

• The defect of reason must be due to a disease of the mind
• must be internal (quick)
• sleep disorder causing sleep walking (burgess)
• diabetes (failing to take insulin) (henessy)
• condition affecting blood supply (kemp)
• epilepsy (Sullivan)

Question 5

D either does not know the nature and quality of his act or does not know it was wrong

Answer 5

• D is in a state of unconsciousness or is conscious but does not understand his act because of his mental condition
• two ways which a D may not know nature and quality of act: (R v Oye)
  1. They are unconscious or have impaired conscious
  2. Conscious but due to mental state do not understand/ know what they are doing
• if is knows the nature and quality of his act is legally wrong, he cannot aim insanity, even if he is suffering a mental illness (windle)

Question 6

Conclusion

Answer 6

If successful - D will be not guilty by reason of insanity