Insanity Flashcards
Definition of insanity
Definition of insanity is contained in the M’Naughten rules of 1843 as ‘The defendant must prove that at the time of the offence he was labouring under such a defect of reason, arising from a disease of the mind, that he did not know the nature and quality of the act he was doing or if he did know it, that he didn’t know what he was doing was wrong’
Procedural rules of insanity
The D is presumed sane
The prosecution, defence or judge can raise the issue of insanity
Burden of proof is on the D to prove on a balance of probabilities
The judge decides if the D is fit to Plea - cannot plea if insane due to state of mind
D must satisfy each part of the M’Naughten rules
What are the first 2 M’Naughten rules
Labouring under a defect of reason: being deprived of the power to reason, not just failing to use it, not including absentmindedness - R v Clarke
Arising from a defect of the mind: Legal term not medical, must be supported by medical evidence, must be caused by an internal factor existing at the time of the act - R v Kemp, R v Quick, R v Burgess
What are the second 2 M’Naughten rules
Did not know the nature and quality of the act: Means the physical nature and consequences not the moral quality, may be due to state of unconsciousness or impaired unconsciousness or lack of awareness due to mental condition whilst conscious - R v Johnson
Or if he did not know it, that he did not know that what he was doing was wrong: Defence will fail if D understood actions were legally wrong even if mentally ill at the time, doesn’t mean morally wrong - R v Windle,
Consequences of an insanity verdict
If found to be insane the Jury have to find you not guilty by reason of insanity which amounts to an acquittal
For all other offences section 5 criminal procedure (Insanity) act 1964 sets out 3 options
Hospital order, Supervision order, Absolute discharge
This is known as a special verdict
R v M’Naughten
Judges used this case to formulate the test for insanity
R v Clarke
D is required to be deprived of the powers of reasoning
R v Kemp
The defence is concerned with ,ind not brain
R v Quick
The disease must originate from an internal source, This was external - insulin
R v Burgess
Sleepwalking is internal and TF classed as insanity
R v Windle
Established that “wrong” in the context of the M’Naughten Rules for insanity defence means “contrary to law” or “unlawful,” not morally wrong
R v Johnson
The court held that the defendant’s condition, which prevented him from appreciating the nature of his actions, satisfied the requirements for the insanity defence
R v Hennesey`
Disease must originate from an internal source. This was internal, the diabetes
