Insanity Flashcards
Where can INSANITY be used?
The defence can be used if, at the time of the offence, D was suffering from a defect of reason, coming from a disease of the mind, so that D either does not know the nature and quality of his act, or does not know what he is doing is wrong - M’Naghten Rules
What are the outcomes of an insanity?
Successful use results in a special verdict, where D will be ‘not guilty by reason of insanity’
Consequences are a hospital order, supervision and treatment order, guardianship order or an absolute discharge
The court presume D is sane, so D must rebut this presumption on a balance of probabilities
Defect of reason
D is deprived of the power of reasoning, so being absentminded or confused does not count - Clarke
Can be permanent, transient or intermittent, so long as it exists at the time of the crime - Sullivan
Disease of the mind
This is a legal not a medical definition
It must be an internal cause
Mind means memory, reason and understanding and covers physical and mental illnesses - Kemp
The cause of D’s sleepwalking was a sleep disorder (internal) - Burgess
A hyperglycaemic state is caused by diabetes (internal), not insulin (external) - Hennessy
Does not know the nature and quality of his act
D can be unconscious or in a state of impaired consciousness so is not aware of what he is doing
D can be conscious but, due to a condition, does not understand or know what he is doing
D did not know he was cutting his wife’s throat as he thought he was slicing bread - Codere
Does not know the act was wrong
If D knew his act was illegal, then the defence cannot be successful - Windle
