INSANITY - INCAPACITY DEFENCE (PAPER 1)

Question 1

Introduction

Answer 1

• D lacks capacity to form MR for offence
• available for murder, but rarely used
• diminished responsibility has largely replaced insanity
• common law defence
• rules created after the decision not to hand Daniel M’Naghten who tried to shoot PM but missed and killed secretary instead was suffering from paranoid delusions
• must satisfy 3 elements for the defence

Question 2

Element 1 - defect of reason

Answer 2

• D must be labouring under a defect of reason
• Must be more than ‘absent-mindedness’, forgetfulness or confusion’
• you must not know what you are doing

Question 3

Element 3 - not knowing nature of the act/ not knowing that it is wrong

Answer 3

• (a) D does not know the nature or quality of their act, meaning they didn’t know what they were doing at the time they committed the act
• eg people in delusional states, diabetic comas, epileptic seizures
• (b) if they do know what they are doing, they did not know it was wrong because of a defect of reason , caused by a disease of the mind
• no defence if D had a mental illness but still knew what they were doing was illegal

Question 3

Element 2 - Disease of the mind

Answer 3

• defect of reason mu be caused by disease of the mind
• not a disease of the brain , includes any psychological disease which effects’ the brain
• doesn’t have to permanent
• includes conditions such as epilepsy, diabetes and sleep walking
• has to be internal

Question 4

procedure

Answer 4

• defendant or judge can raise the defence of insanity
• if D raises defence they have the burden of proof and must produce 2 medical reports to support the defence
• jury decides if the defence is available

Question 5

Effect

Answer 5

• special verdict - ‘not guilty by reason on insanity’
• range of options et out in the 1991 criminal procedure act ; hospital order, supervision order, absolute discharge, for murder the only opinion is an indefinite term in a secure hospital v

Question 6

M’Naghten (1843)

Answer 6

• suffering from paranoia, defendant tried to shoot PM but missed and killed secretary
• HOL clarified law on insanity + the 3 elements

Question 7

R v Hennessy (1989)

Answer 7

• Diabetic took a car after failing to take his insulin
• disease of the mind

Question 8

R v Burgess (1991)

Answer 8

• injured girlfriend while sleepwalking
• disease of the mind within definition of insanity

Question 9

R v Sullivan (1984)

Answer 9

• injured friend during epileptic fit
• insanity includes temporary disease of the mind

Question 10

R v Oye (2013)

Answer 10

• odd behaviour from defendant
• insanity could be applied - he had a psychotic episode and did not know what he was doing or that it was wrong

Question 11

R v Windle (1952)

Answer 11

• Defendant suffered a mental disorder and killed his wife
• not insane by M’Naghten rules because they knew what that has done was legally wrong

Question 12

R v Kemp

Answer 12

• defendant suffered from hardening of the arteries which caused blackouts
• within the rules of insanity, his condition affected his mental reasoning, memory and understanding

Question 13

R v Johnson (2007)

Answer 13

• defendant stabbed his neighbour while suffering from paranoid schizophrenia and hallucinations
• he new the nature and quality of his acts and that they were legally wrong and was therefore not insane by the M’Naghten rules