Insanity

Question 1

Proof

Answer 1

Burden of proof is on the D who needs medical evidence but this is a legal test
- S1 Criminal Procedure Act 1991 says there must be evidence from 2 doctors and 1 must be an expert in mental disorders

Question 2

Key case - M’Naughtens

Answer 2

D must be suffering from a defect of reason caused by a disease of the mind so that they do not understand the nature and quality of the act

Question 3

Stage 1 - defect of reason

Answer 3

In Clarke, D claimed that her depression brought on bouts of absent mindedness however it was held this isn’t enough

Question 4

Stage 2 - a disease of the mind

Answer 4

• Epilepsy: R v Sullivan
• Hyperglycaemia - Hennessy
• Hypoglycaemia - Quick
• Sleepwalking - Burgess

Question 5

Stage 3 - Nature and quality of the act

Answer 5

D must either not understand the nature and quality of the act or not realise what they are doing is wrong
Windle - if D knew he had committed a legal wrong the defence is not available