insanity

Question 1

insanity

Answer 1

governed by the M’Naughten rules which provides a defence to those who commit a crime whilst suffering a malfunctioning of the mind

Question 2

M’Naughten

Answer 2

suffered extreme paranoia, so tried to kill the Prime Minister but ended up killing the secretary
not guilty - due to his mental state. The HOL created the rules
- presume every man is sane
- establish they were suffering a defect or reason
- from a disease of the mind
- d didn’t know the nature and quality of the act
- he was unaware what he was doing was legally wrong

Question 3

presumption

Answer 3

defendant is presumed to be sane and he must prove insanity

Question 4

Defect of reason

Answer 4

• powers of reasoning are impaired
• if they fail to use their powers of reason this will not be DOR
• must amount to more than absent - mindedness forgetfulness or confusion

Question 5

Clarke

Answer 5

supermarket and stole a jar of mincemeat - suffering from a absent mindedness due to diabetes and had no recollection
TJ - ruled insanity
COA - quashed conviction and held not guilty as she lacked mens rea
- defined DOR as a deprivation of powers not a failure to use them

Question 6

Disease of the mind

Answer 6

can be a mental or physical disease …

epilepsy, sleepwalking, diabetes, brain injury, dissociation, psychosis and post traumatic stress

Question 7

Kemp

Answer 7

defendant had anterisclerosis, harding of the arteries causing blackouts . During an episode d attacked his wife with a hammer causing serious injuries.
COA - NGRI as it was an internal condition
- defined DOM as ‘mental faculties of reason, memory and understanding are affected

Question 8

insanity or automatism

Answer 8

CDT - continuing danger test, recurrence? one offs automatism
ECT - internal - insanity and external - automatism

Question 9

Bratty

Answer 9

killed a young girl with her stockings during an epileptic seizure
held NGRI - Lord Denning created the CDT

Question 10

Charlson

Answer 10

attacked and killed his son with a mallet - had a brain tumour
Automatism - the tumour was classed as a physical disease so not a DOM

Question 11

Sullivan

Answer 11

attacked neighbour during an epileptic seizure

pleaded guilty to avoid the label of insanity but HOL upheld NGRI

Question 12

Dissociation

Answer 12

causes the defendant to act in a trance like state which is usually triggered by a severe mental stress

Question 13

Rabey

Answer 13

unrequited love so he hit her over the head with a rock

• pleaded automatism based on dissociation
• Supreme court of Canada - overturned it and held insanity

Question 13

Stone

Answer 13

wife insulted him so he stabbed her 47 times

TJ - held insanity as it was a small trigger

Question 14

R v T

Answer 14

d had been raped and days after she stabbed someone and robbed them
TJ - automatism
jury rejected it and convicted

Question 15

Narbough

Answer 15

COA held there was no link between PTS and dissociation

Question 16

Falconer

Answer 16

wife killed husband after years of sexual abuse to her and her daughters
automatism succeeded by dissociation and the significant trigger

Question 17

Diabetes

Answer 17

hyperglycaemia - high bs - no insulin or not enough - internal=insanity
hypoglycaemia - low bs - too much insulin/ no food - external=automatism

Question 18

Hennessy

Answer 18

took a vehicle without the owners consent - not taken his insulin for 3 days
internal so insanity

Question 19

Quick

Answer 19

nurse attacked his patient - had insulin but ate very little after
pleaded guilty to avoid insanity
TJ - insanity
COA - automatism as it was external drugs taken

Question 20

Burgess

Answer 20

attacked v with a wine bottle during their sleep
pleaded automatism
Lord Lane - held that sleepwalking was an abnormality due to an internal factor
held insanity

Question 21

Parks

Answer 21

drove 15 miles whilst asleep to stab his mother in law and severely injure his father in law - under stress at work
automatism succeeded as it was an internal sleep disorder

Question 22

Bilton

Answer 22

couple drinking in a bar and he raped her - he had a sleep disorder
automatism succeeded - internal

Question 23

Thomas

Answer 23

gang tried assaulting an elderly couple giving the man night terrors causing him to kill his wife
prosecution withdrew so automatism succeeded

Question 24

Nature and Quality

Answer 24

• understand the act

- why they are doing the act

Question 25

Windle

Answer 25

killed his wife who constantly threatened suicide so gave her asprin
NGRI - as he knew what he was doing was legally wrong - N&Q understood