Insanity

Question 1

I

Answer 1

D mag argue the defense of insanity
S.1 criminal procedure act 1991 is that there must be evidence from 2 doctors one of which must be an expert in mental health

Question 2

D

Answer 2

M’naghten defined t he defense of insanity as having 3 stages
1) d must be suffering from a defect of reason
2) caused by a disease of the mind
3) the defect of reason must no cause d to not understand the nature and quality of their actions or what they did was legally wrong

Question 3

E

Answer 3

Stage 1 states the d must be suffering from a defect or reason- this means that D’s ability to reason is impaired. It must be more than absentmindness or confusion (clarke)

Question 4

A

Question 5

E

Answer 5

Stage 2 states the defect of reason must be caused by a disease of mind. This defect want physical disease which affect g the operation of mind. Insanity is caused by an internal factor . It must affect the memory, reasoning and understanding

Examples of disease of mind
- epilepsy (Sullivan)
- sleep walking (burgess)
- schizophrenia
- chronic depression
- diabetes (Hennessy)

Question 6

A

Question 7

E

Answer 7

Stage 3 states yeh defect if reason must cause d to not understand the nature and quality of their actions (OYE) or what they did was legally wrong (WINDLE)

Question 8

A

Question 9

Conclude

Answer 9

Would d be successful in arguing this defense