mental capacity defences: insanity

Question 1

what governs insanity?

Answer 1

M’Naghten Rules

Question 2

what is the legal test for insanity?

Answer 2

• defect of reason
• disease of the mind
• D did not know the nature and quality of the act and did not know their conduct was wrong

Question 3

explain: defect of reason

Answer 3

• D has a complete loss of the powers of reasoning
• if it is not absent mindedness or forgetfulness (Clarke)
• the defect of reason can be temporary or permanent (Sullivan)

Question 4

explain: disease of the mind

Answer 4

• any physical or psychological condition that affects the brain, but does not have to be the brain (Kemp)
• has to be caused by an internal factor (Sullivan)
• must impair the D’s mental faculties of reason, memory and/or understanding (Sullivan)
• if the D has a hypoglycemic episode, which results in a crime, the insanity defence is used (Hennessy)
• sleepwalking can allow for the use of the defence (Burgess)
• if the D is voluntarily intoxicated, the defence is unavailable (Coley)

Question 5

explain: not know the nature and quality of the act or did not know it was wrong

Answer 5

• nature and quality of the act: the D did not know physically what they were doing (Oye)
• wrong: the D did not know what they were doing was unlawful (Windle/Codere)

Question 6

explain the sentencing for a successful insanity defence

Answer 6

• hospital order: unsafe to release the offender
• treatment order: safe to release the offender, but they require further support to avoid reoffending
• absolute discharge: the insanity was a one off; the D is unlikely to reoffend

Question 7

authority: D has a complete loss of the powers regarding reasoning

Answer 7

Clarke

Question 8

authority: the defect of reason can be temporary or permanent

Answer 8

Sullivan

Question 9

authority: any physical or psychological condition that affects the brain, but does not have to be the brain

Answer 9

Kemp

Question 10

authority: disease of mind has to be caused by an internal factor

Answer 10

Sullivan

Question 11

authority: disease of mind must impair the D’s mental faculties of reason, memory and/or understanding

Answer 11

Sullivan

Question 12

authority: if the D has a hypoglycemic episode, which results in a crime, the insanity defence is used

Answer 12

Hennessy

Question 13

authority: sleepwalking can allow for the use of the defence

Answer 13

Burgess

Question 14

authority: if the D is voluntarily intoxicated, the defence is unavailable

Answer 14

Coley

Question 15

authority: nature and quality of the act: the D did not know physically what they were doing

Answer 15

Oye

Question 16

authority: wrong: the D did not know what they were doing was unlawful

Answer 16

Windle/Codere