WEEK 10 L 2 Flashcards
3 FORMS OF INSANITY
Fitness to be tried: The person is too mentally ill to stand trial (they don’t understand what’s happening).
Substantive insanity: The person committed the crime, but due to mental illness, they’re not guilty.
Diminished responsibility: The person committed the crime (usually murder), but their mental illness reduces their responsibility (it could lead to a manslaughter charge instead).
if unfit to be tried
he court may evaluate if the person needs care or treatment (hospital or outpatient care). If the person can’t stand trial, a simpler trial on the facts can decide if they committed the act (they can still be acquitted or convicted of a lesser charge).
DPP v. FX [2022] (Case Example)
facts: FX, a psychiatric patient, attacked another patient. The court found him unfit to stand trial for murder but allowed charges for assault causing harm.
Court ruling: Even if unfit for trial on a serious charge (like murder), a person can still be tried for lesser crimes if there evidence of the act.
Insanity as a Substantive Defence
Raising the Defence of Insanity:
The defendant must prove they were insane at the time of the crime. They must show it’s more likely than not they were mentally ill.
Special Verdict:
If the person was insane, they can be found not guilty by reason of insanity. This doesn’t mean they are freed—they may be sent to a psychiatric hospital for treatment.
Section 5:
To be not guilty by reason of insanity, the defendant must show:
They were suffering from a mental disorder.
They didn’t know what they were doing or didn’t know their actions were wrong.
They couldn’t control their actions.
Mental Disorder:
This includes mental illness or conditions like dementia, but not intoxication (being drunk or high).
he McNaghten Rules (1843) – Test for Insanity
A person is not criminally responsible if:
1) They didn’t know what they were doing (e.g., shooting someone thinking it was a tree).
2) They didn’t know it was wrong (they thought their actions were morally okay, but knew it was legally wrong, they can’t use insanity).
Insanity Defence in Ireland
McNaghten Rules:
A person isn’t guilty if, due to a mental disorder, they didn’t understand what they were doing or didn’t know it was wrong.
Irresistible Impulse:
A person might also be excused if their mental disorder made them act on an impulse they couldn’t resist.
Diminished Responsibility:
If someone’s mental disorder reduces their responsibility (e.g., for murder, it might be reduced to manslaughter
Irish key cases
People (A.G.) v. Hayes (1967):
A man murdered his wife due to irrational thoughts from a mental disorder. The jury considered whether it was an irresistible impulse.
People (D.P.P.) v. Courtney (1994):
A man killed a woman due to PTSD from military service. The jury rejected the defence and convicted him.
Automatism
Automatism is when someone acts involuntarily (like sleepwalking or having a seizure).
types of automatism
Non-insane automatism:
Caused by an external factor (e.g., a bee causing a driver to swerve). This can lead to an acquittal.
Insane automatism: Caused by an internal factor (e.g., mental illness). This is treated as insanity, and the person can be sent to a psychiatric hospital.
key cases for automatism.
R v. Quick (1973):
A diabetic man caused harm during a hypoglycemic episode (low blood sugar). This was treated as non-insane automatism because it was caused by an external factor (low sugar).
R v. Sullivan (1984):
A man with epilepsy caused harm during a seizure. This was treated as insane automatism because it was caused by an internal factor (seizure).
mental health and detention
Mental Health Review Board:
Reviews how mentally ill people in secure facilities are treated. They check conditions every 6 months.
Prison Conditions:
Many prisoners suffer from mental health issues, and there is a need for better care, especially for women and those with substance abuse problems.
at Garda station
Risk Assessment:
Detained individuals, especially those with mental health issues, must be assessed before questioning to ensure they understand the process.
Mental Illness & Vulnerability:
People with mental health problems may be more vulnerable during questioning, so interviewers should adjust their approach.
