Insanity Sec.23

Question 1

R v Codere (nature and quality of act)

Answer 1

• Doing something w/out knowledge of it or memory of having done it (temp.eclipse of consciousness)
• leaves person able to exercise bodily movements

Question 2

McNaughten’s Rules

Answer 2

Used to establish whether defendant insane

• person suffering from disease of the mind that they did not know:
• nature and quality of their actions, or
• what they were doing was wrong

Question 3

Is insanity/disease of the mind a medical or legal question?

Answer 3

A question of law for the Judge.

Question 4

Disease of the mind does not include:

Answer 4

• temporary mental disorder
• concussion
• effect of alcohol/drugs
• anaesthetic
• hypnotism

Question 5

Courts definition of disease of the mind

Answer 5

Mental derangement in the widest sense

Question 6

The prosecution has a duty to raise the issue of insanity when?

Answer 6

• defendant poses risk to the community

* can become the subject of a “restricted patient” order under Mental Health Act 1992.