Insanity - Paper 1

Question 1

Insanity is a general defence and can be used for any crime. True or False?

Answer 1

True

Question 2

If the defence is successful, what is the special verdict D will receive?

Answer 2

Not guilty by reason of Insanity

Question 3

What does S.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 state?

Answer 3

There needs to be evidence from 2 doctors, and 1 must be an expert in mental health

Question 4

Which case established a 3-stage test for Insanity?

Answer 4

M’Naghten

Question 5

What is the 3-stage test for Insanity?

Answer 5

1) D must show they had a defect of reason
2) The defect of reason must be caused by a disease of the mind
3) D must not know the nature and quality of the act or that what he was doing was wrong

Question 6

What does defect of reason mean?

Answer 6

Not being able to reason, your reasoning is impaired

Question 7

Which case held that temporary absentmindedness or forgetfulness is not enough for defect of reason?

Answer 7

Clarke

Question 8

What does disease of the mind mean?

Answer 8

A physical or mental condition which has an effect on the brain