Insanity

Question 1

S.1 Criminal Procedure (insanity and unfitness to plead) Act 1991-there must be evidence from 2 doctors one of which must be an expert in mental health

Answer 1

M’Naghten defined the defence of insanity as having 3 stages
D must be suffering from a defect of reason
Caused by the mind
The defence of reason must not cause the D to not understand the nature and quality of their actions or what they did was legally wrong

Question 2

Stage1- D must be suffering from a defect of reason- this means that D’s ability to reason is impaired. It must be more than temporary absentmindedness or confusion (Clarke)

Question 3

Stage2 The defect of reason must be caused by a disease of the mind. This covers any physical disease which affects the operation of the mind. Insanity is caused by an internal factor. It must affect the memory, reasoning and understanding

Answer 3

Epilepsy’s- Sullivan
Sleep walking- Burgess
Schizophrenia
Chronic depression
Diabetes- Hyperglycaemia (high blood sugar) internally affected disease- Hennessy

Question 4

Stage 3 The defect of reason must no cause D to not understand the nature and quality of their actions (Oye) or what they did was legally wrong (windle)

Answer 4

Conclude- would D be successfully in arguing this defence,.
If successful- Explain special verdict if raised successfully this will lead to a special verdict of not guilty of insanity
Since the criminal procedure (insanity and unfitness to plead) act 1991 - hospitalisation is now only mandatory for murder the judge has discretion for other crimes. Explain the judge can give supervision orders, hospital orders or absolute discharge for any other crime