Insanity Flashcards
The rules of insanity are based on what case?
M’NAGHTEN
what 3 elements must be proved by D on a balance of probabilities:
- that at the time of his act D had a defect of reason (1)
- this defect of reason was the result of a disease of the mind (2)
- this defect of reason caused D not to know the nature and quality of his act, or not to know he was doing wrong. (3)
Where D is found to be insane what is the special verdict?
‘not guilty by reason of insanity’.
According to CLARKE, a defect of reason means that..
D was unable to reason at the time of his act. Temporary absent-mindedness or confusion is not enough.
What does SULLIVAN state a disease of the mind can be?
a mental disease (e.g. schizophrenia, paranoia and manic depression)
Both KEMP and SULLIVAN state that a disease of the mind can be what?
a physical disease which affects the mind. This includes brain tumors and in certain circumstances diabetes and sleep disorders.
what do HENNESSY AND BURGESS state about the defect of reason?
Where Ds defect of reason was the result of an internal factor, then it is a disease of the mind.
D not knowing the nature and quality of his act means D was temporarily unconscious at the time he acted or that D did not know what he was doing. This is shown in what cases?
The Ds in KEMP, HENNESSY, SULLIVAN AND BURGESS were all unaware of what they were doing. If D is delusional, they would also satisfy this element.
In what situation does WINDLE state D can still use the defense even if he knows the nature and quality of his act?
Where D knows the nature and quality of his act, he can still use the defence of insanity if he does not that what he did was legally wrong
