PAPER 1 INSANITY

Question 1

What special verdict does insanity make available?

Answer 1

“Not guilty but insane”

Question 2

What rules set out the principles which this defence was based?

Answer 2

M’Naghten Rules

Question 3

What’s the first element of intoxication?

Answer 3

The defendant must prove on the balance of probabilities that they were suffering from a defect of reason.

Question 4

A defect of reason may be what?

Answer 4

Temporary or permanent

Question 5

A defect of reason is more serious than what? (Case)

Answer 5

Mere forgetfulness
(Clarke)

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Question 6

What is the second element?

Answer 6

The defect of reason must be caused by a disease of the mind

Question 7

What factors cause disease of the mind?

Answer 7

Either mental diseases or physical ones. E.g. Epilepsy (Sullivan), sleepwalking (burgess)

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Question 8

What is the final element?

Answer 8

The defect of reason must result in the defendant not knowing either the nature and quality of his act or that it was wrong

Question 9

How is the final test satisfied?

Answer 9

The condition must be either unconscious or no understanding of the wrongness due to a mental condition

Question 10

What happened in Windle?

Answer 10

The defendant suffered from a form of insanity but could not use the defence as there was evidence he knew his actions were legally wrong

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