Insanity Flashcards
What is insanity governed by
M’Naghten’s rules
The defendant, prosecution and Judge can raise the defence but to what standard
Judge and prosecution is beyond a reasonable doubt
Defence is on the balance of probability
M’Naghten what are the rules of insanity
Must have a defect of reasoning at the time of killing
Caused by a disease of the mind
Caused the D to not know the nature or quality of there act or that it was wrong
A defect of reasoning is an inability to use there powers of reason and
Must completely lose the power of reasoning
What statute is used for defect of reasoning
Clarke- a person who is absent minded did not lose complete control
The Defect of reasoning dosent have to be permanent
Sullivan
Disease of the mind - kemp
Dosent have to be on the brain only has to affect the brain
Sullivan
Epilepsy was considered a disease of the mind as it was an internal factor
Hennessy hyperglycaemic reaction after failing to take the insulin, was the defence of insanity available ?
Yes as it was an internal factor
Quick had a hypoglycaemic reaction after injecting to much insulin did they have the defence available?
No as it was an external factor that caused this
Coley
Voluntary intoxication is an external factor as it negates the use of the insanity defence.
The nature and the quality of the act requires the defendant too …
Not know what they are physically doing
What statute is used for nature and quality of the act
Oye
Did not know the act was legally wrong not morally wrong
Windle or Johnson
