the defence of insanity Flashcards
which case are the rules of insanity based on
M’NAGHTEN
what have to be proved where d wants to rely on the defence
three elements on the balance of probabilities
what 3 elements have to be proved for the defence
- at time of committing act d had a defect of reason
- defect of reason was as a result of disease of the mind
- defect of reason caused d not to know nature and quality of act/ not to know he was doing wrong
where d is found to be insane, what is the special verdict?
‘not guilty by reason of insanity’
what does a defect of reason mean and case
d was unable to reason at the time he acted. temporary absent mindedness/confusion is not enough- CLARKE
what examples of mental disease did the H/L give in Sullivan
schizophrenia, paranoia and manic depression
other than a mental disease what counts
a physical disease that affects the mind
examples of physical diseases that affect the mind and cases:
brain tumours
diabetes and sleep disorders in certain cases
KEMP and SULLIVAN
principle in sullivan
H/L upheld conviction and held relevant defence was insanity, epilepsy was a disease of the mind
is it a disease of the mind where ds defect of reason was the result of an internal factor and cases
yes
HENNESSY and BURGESS
principle in hennessy
C/A held his failure to take insulin meant it was the diabetes which caused his defect of reason and this was an internal factor
the correct defence was insanity
principle in burgess
C/A upheld special verdict because the cause of his defect of reason was an internal factor: a sleep disorder
how is the defence of insanity limited in its availability
in that d must not know the nature and quality of his act, or not know he was doing wrong
what does d not knowing nature and quality of act mean
d was temporarily unconscious at the time he acted/that d did not know what he was doing
cases to support d not knowing nature and quality of his act
KEMP, SULLIVAN, HENNESSY AND BURGESS
