Insanity Flashcards
What type of defence is insanity
General defence
Insanity is available to most crimes but not to
Strict liability offences (DPP v H)
The defence bear the burden of proving D is insane at the time of the offence
On the balance of probabilities
Expert medical evidence is required to prove the defence
2 or more registered medical practitioners
If the defence is successful D is found
‘Not guilty by reason of insanity’
The judge can give one of 3 orders
Hospital, supervision, discharge (conditional or absolute)
The rules on insanity are set out in the case of
M’Naghten (1843)
At the time of the offence D must have been labouring under
a defect of reason
He must have been totally deprived of his powers of reason, partial loss isn’t enough such as absentmindedness or forgetfulness.
Clarke
The DoR must arise from a disease of the mind - mind doesn’t just mean brain…
it covers all of the mental faculties of reason, memory and understanding (Sullivan)
DoM is a legal not …
medical definition
DoM can be permanent or temporary, curable or incurable, organic e.g. a brain tumour or function e.g. psychosis. It includes conditions such as…
sleepwalking, psychomotor epilepsy, diabetes and arteriosclerosis
Sleepwalking case
Burgess
Epilepsy case
Sullivan
Hardening of the arteries case
Kemp
In Kemp the judge said DoM can include conditions that…
‘manifest themselves in violence and are prone to recur’ though this isn’t definitive as a DoM can be temporary and one off!
The DoM must be caused by an
internal not external factor
If the DoM is caused by an external not internal factor the appropriate defence is…
automatism
Diabetic case where D didn’t take their insulin and committed a crime so the defence was insanity
Hennessy
Diabetic case where the D took their insulin then failed to eat, so the defence was automatism
Quick
Case where the D used Cannabis and then committed a crime, this is an external cause so the defence isn’t insanity it is automatism.
Coley
The D must not know what he is doing - this refers to the physical nature and quality of his conduct or if he does he must not know it is ….
legally wrong
Case(s) to illustrate D mustn’t know the physical nature and quality of their conduct
Codere; Oye
Case(s) to illustrate D must not know what they are doing is legally (not morally) wrong.
Windle; Johnson
Windle knew giving his partner aspirin was legally wrong because he said…
I suppose they will hang me for this
