Insanity

Question 1

Elements of the defence

Answer 1

Defect of reason

Caused by a disease of the mind

So that D does not know
The nature and quality of his act OR
what he was doing was wrong

Question 2

Defect of reason

Answer 2

Based on the D’s inability to use powers of reason. This, someone who is confused or absent minded will not be considered insane - r v Clarke

Question 3

Disease of the mind

Answer 3

Legal rather than medical term

Referred to as mental faculties of reason , memory and understanding rather than the brain in the physical sense

Legal question rather than medical one, although the evidence of medical experts is required

Includes :
Epilepsy - r v Sullivan
Hardening of the arteries - r v Kemp
Diabetes - r v Hennessy 
Sleep walking - r v Burgess

Question 4

Must be caused by an internal factor

Answer 4

Disease of the mind must be internal ( can’t be brought about by drugs, alcohol or a bump on the head)

Internal factors may be permanent or recurrent which need treating in order to protect the public

Question 5

Nature and quality of the act

Answer 5

R v codere - the nature and quality of the act was held to mean the physical rather than moral nature of the act - e.g. D does not know what he is actually doing

Question 6

Knowledge that the act was wrong

Answer 6

If d is aware of what he is doing, he must not know the act was legally wrong

Question 7

R v windle

Answer 7

D poisoned his suicidal wife. When arrested he said “I suppose they will hang me for this” his words showed that he knew the killing was legally wrong.

Question 8

Burden of proof

Answer 8

Can be raised by the prosecution, judge or D. If raised by D, it is up to the defence to prove insanity on the balance of probabilities

Question 9

Effect

Answer 9

For murder —— indefinite hospitalisation

Other offences —- hospital order, supervisor order or absolute discharge