MCD - Insanity

Question 1

Definition

Answer 1

D must be labouring under a defect of reason from the disease of the mind and must either not know the nature and quality of the act they are doing or not know what they are doing (M’Naughten)

Question 2

D has a defect of reason

Answer 2

Ds powers of reasoning are impaired. If D is capable of reasoning but failed to do so then is not a defect of reasoning, absent mindedness or confusion is not enough (Clarke)

Question 3

This was caused by a disease of the mind

Answer 3

Cause must be internal(Quick), sleep disorder causing sleepwalking(Burgess), diabetes-failing to take insulin(Hennessy), condition affecting bloody supply(Kemp), epilepsy(Sullivan)

Question 4

D either does not know the nature and quality of his act or does not know it was wrong

Answer 4

D is in a state of unconsciousness or is conscious but doesn’t understand his act because of the mental condition. 2 ways D may not know nature and quality of act (R v Oye) (a)they’re unconscious or have impaired consciousness (b) conscious but due to mental state dont understand/know what they’re doing. Can only apply where D doesn’t know what they’re doing is wrong (Windle). If D knows the nature and quality of his act is legally wrong, he cannot claim insanity even if he is suffering a mental illness (Windle).