Q8) M'naghten rules (1843)- Insanity (10) completely done Flashcards
What evidence does insanity require and what happens if successfully argued?
- Written or oral evidence from two registered medical practitioners.
- If successfully argued- likely a hospital order, supervision or an absolute discharge.
What are the M’naghten rules (and the insanity headings for this essay)
1- A defect of reason (when the offence is taking place).
2- Which is a result of a disease of the mind - an underlying factor. (and internal external)
3- The D must not know the nature and quality of the act or…
4- Not know what they were doing was wrong.
What case explains a defect of reason?
R V Clarke.
R V Clarke
Where the person is deprived of the power of reasoning due to a disease of the mind
Doesn’t apply to people who have moments of absentmindedness or confusion.
Which cases define a disease of the mind?
Kemp (1957)
Sullivan (1984)
Hennessy (1989)
Burges (1991)
Quick
R V Kemp (1957)
-Must be based in violence, likely to repeat and internal (a malfunction of the mind).
R V Sullivan
-A post epileptic seizure amounted to disease of the mind.
Burges
Sleep walking amounted to insanity.
Which cases deal with Hypoglycaemia/ Hyperglycaemia?
- Hennessey
- Quick
What are the two ways in which a person would not know the nature and quality of the act?
- He is in a state of unconsciousness or impaired consciousness OR…
- He is conscious; however, due to his medical condition he did not know or understand what he was doing.
Which case establishes that they must know what they were doing is wrong?
-R V Windle (1952)- ‘i suppose they will hang me for this’
Hennessy?
- Hyperglycaemia
- Had not taken insulin
- Not eaten properly.
- INTERNAL AND INSANITY.
Quick?
- Hypoglycaemia
- Taken too much insulin.
- AUTOMATISM AND EXTERNAL.
