10.1 Insanity

Question 1

What is the shoehorn case for Insanity

Answer 1

(M’Naghten)

Question 2

What are the M’Naghten Rules?

Answer 2

1. A defect of reason
2. Which must result of a disease of the mind
3. Which caused D to not know quality/nature of acts

Question 3

First Element of Insanity

Answer 3

A defect of reason
-The D must show their ability to reason was impaired, being confused or absent minded not enough (R v Clarke)

Question 4

Second Element of Insanity

Answer 4

Disease of the mind
The defect of reason must be caused by an internal factor i.e disease
(R v Kemp)} any physical condition**

Question 5

Second Element of Insanity specific diseases

Answer 5

(R v Sullivan) Epilepsy
(R v Hennessy) Diabetes
(R v Burges) Sleep Walking

Question 6

Third Element of Insanity

Answer 6

Which causes D to not know quality and nature of acts
1. Unconscious/impaired consciousness
2. Conscious but does not know what they are doing (R v Oye)
(R v Windle) if the D knows what they are doing is legally wrong they can’t use defence.