Insanity - Paper 1 Flashcards
Insanity is a general defence and can be used for any crime. True or False?
True
If the defence is successful, what is the special verdict D will receive?
Not guilty by reason of Insanity
What does S.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 state?
There needs to be evidence from 2 doctors, and 1 must be an expert in mental health
Which case established a 3-stage test for Insanity?
M’Naghten
What is the 3-stage test for Insanity?
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
What does defect of reason mean?
Not being able to reason, your reasoning is impaired
Which case held that temporary absentmindedness or forgetfulness is not enough for defect of reason?
Clarke
What does disease of the mind mean?
A physical or mental condition which has an effect on the brain. Must be caused by an internal factor
What was held in Kemp?
The condition must affect your reasoning, memory, and understanding
Which case held that epilepsy is an example of a disease of the mind?
Sullivan
Explain why insanity was the correct defence to use in Hennessy
D was a diabetic who forgot to take his insulin. He went into a hyperglycaemic state (high blood sugar) which is an internal factor
What was established as a disease of the mind in Burgess?
Sleepwalking
What other examples are there of disease of the mind?
Schizophrenia
Chronic Depression
Bipolar Disorder
Paranoid Psychosis
What is Stage 3 of Insanity?
DOR must be such that D did not know the nature and quality of his actions, or that what he was doing was wrong
Which case demonstrated that if D knows that his actions were legally wrong, the defence will fail?
Windle
Why was the defence of Insanity successful in Oye?
D did not know what he was doing, therefore did not know the nature and quality of his actions
If the defence is successful, which crime requires a judge to give a mandatory hospital order?
Murder
