insanity - defences Flashcards
M’Naghten Rules (1843)
if a defendant wishes to rely on the defence, it must be provided that they laboured under a defect of reason caused by a disease of the mind; so that either they did not know they nature and quality of their act or did not know that what they were doing is wrong.’
what is a defect of reason?
the disease of the mind must impair the defendants power of reasoning and absent-mindedness or confusion is insufficient to show a defect of reason. (defendant must only see one option)
R v Clarke (1972)
the defendant was accused of shoplifting, and argued that she was acting absentmindedly because of depression. The court held that absent-mindedness or confusion did not equate to insanity.
what is the disease of the mind?
the condition must cause a malfunctioning of the mind and it is not relevant whether the condition is physical or mental in origin, or whether it is curable or temporary.
R v Kemp (1956)
defendant violently attacked his wife due to loss of consciousness as he suffers with hardening of the arteries. disease of the mind is a question of law for the trial judge to decide.
R v Burgess (1991)
defendant attacked his wife while asleep. the court upheld the conviction as he was not guilty by reason of insanity.
-a condition caused by an internal factor will constitute a disease of the mind bringing the defendant within the scope of the defence of insanity.
what does it mean to not know that what they were doing was wrong?
this requires that the defendant to fail to understand that what they were doing was legally wrong.
R v Windle (1952)
defendant gave wife a fatal dose of aspirin and said ‘ i suppose ill hang for this’ these words shown that he knew his actions were legally wrong.
-to rely on insanity the defendant mist not have known that what they did was legally wrong.
what does it mean by unfitness to plead?
in order to plead, the defendant must be capable of understanding criminal proceedings instructing a legal representative, challenging a juror and understanding the evidence.
which a the 3 special verdicts under the Criminal Procedure Act 1991?
the judge can impose a hospital order, a supervision order or release the defendant with an absolute discharge.
