Insanity

Question 0

Complex point about m’naughten rules if they conflict with art 5 ECHR - right against arbitrary deprivation of liberty but contains an exception to ‘unsound mind’ (winterwerp v Netherland)
-person should only be detained on the basis of these three criteria:

Answer 0

A) strong legal and medical definitions of insanity
B)courts decision on defendant being of unsound mind is based on objective medical evidence
C)court believes that the mental disorder is one that necessitates compulsory confinement

Question 1

Windle

Answer 1

Concerning act as being legally wrong

Question 2

Clarke

Answer 2

Requires inability to reason not failure to reason - in this case def was not incapable of reasoning therefore no insanity