Topic 10 - Mental Impairment and Infanticide

Question 1

Define the 6 elements of the M’Naghten developments

Answer 1

1. Defect of reason
2. Disease of the mind
3. Did not know the nature
   and quality of the act
4. Did not know that it was
   wrong
5. Burden and standard of
   proof
6. The nature of the plea

Question 2

Define the 2 elements of Not Guilty by Reason of Mental Impairment

Answer 2

1. Had a mental impairment
2. Was affected by the mental impairment such that she/he
   - Did not know the nature and quality of their act
   - Did not know that it was wrong

Question 3

Define the 5 elements of the infanticide

Answer 3

1. D must have caused death of V in circumstances that would amount to murder
2. D must be the natural mother of the V
3. The V must be less than 2 years old
4. ‘the balance of her mind disturbed’
5. Disturbance of mind must be because of:
   - not having recovered from giving birth to that child OR
   - A disorder consequent on her giving birth to that child