mental capacity defences- insanity

Question 1

Where is it defined

Answer 1

M’Naughten rules 1843- ssets out 3 elements that need to be satisified

Question 2

1.

Answer 2

Defect of reason. This means that D is deprived of the powers of reasoning.More than absent mindness or confusipn as in clarke - need not be permanent, can be temporary.

Question 3

2.

Answer 3

The defect of reason must arise from a disease of the mind.It needs to be internal but can be both mental or physical.It must affect the reasoning,memory and undertsanding of D. E.g Delusion- M’Naughten, Diabetes- Hennessy ,Hardening of the arteries-Kemp

Question 4

If relevant…

Answer 4

Diabetes- low blood sugar-quick- external cause
Intoxication-coley-external cause

Question 5

3.

Answer 5

D must not understand the nature and quality of their act.This means they don’t know what they are doing or know that it is wrong by law. (oye/windle)

Question 6

If insanity is proven..

Answer 6

Special verdict can be given of- Hospital order, supervision and treatment or complete discharge.