insanity (insane automatism)

Question 1

S1 Criminal Procedure (Insanity and unfitness to plead) act 1991

Answer 1

need evidence from 2 doctors and 1 must be an expert in mental disorders. the burden of proof is on the D

Question 2

M’NAGHTEN’S CASE

Answer 2

D must be suffering from a defect or reason causes by a disease of the mind so that they do not understand the nature and quality of their act, it is a 3 stage test

Question 3

Stage 1: there must be a defect of reason

Answer 3

D’s powers of reasoning must be impaired or they must be unable to reason

Question 4

stage 1: CLARKE

Answer 4

temporary absent mindedness is not enough

Question 5

stage 2: must be a disease of the mind

Answer 5

can cover any physical disease that affects the operation of the mind or any disease that produces a mental malfunctioning

Question 6

stage 2: epilepsy

Answer 6

SULLIVAN

Question 7

stage 2: diabetes

Answer 7

HYPERglycaemia- HENNESSY
HYPOglycaemia- QUICK (automatism not insanity)

Question 8

stage 2: sleepwalking

Answer 8

BURGESS (can amount to disease of the mind)

Question 9

stage 2: other conditions

Answer 9

schizophrenia, chronic depression

Question 10

stage 3: nature and quality of act or no knowledge that it is wrong

Answer 10

D must either not understand the nature and quality of their act or not realise they are doing wrong

Question 11

stage 3: defence not available if D knows they committed a legal wrong

Answer 11

WINDLE