Defence: Insanity

Question 1

What rules defined insanity?

Answer 1

M’Naghten Rules

Question 2

Requirements for the defense

Answer 2

A defect of reason
Caused by disease of the mind
Meaning the Defendant does not know the nature and quality of the act, or did not know that it was wrong

Question 3

Cases and their rules for the first element Defect of reason

Answer 3

Clarke - has to be more than absenteeism or confusion

Sullivan - The defect of reason can be temporary or permanent, as long as it exists at the time D did the criminal act

Question 4

Disease of the mind - internal, external, cases

Answer 4

Legal definition of disease of the mind is different to medical definition.

Disease of the mind must be caused by internal factors, insanity cannot be used as a defense if external factors cause the disease of the mind

Coley
Quick (external)
Hennessey (internal)

Question 5

Means Defendant does not know the nature and quality of the act, or did not know that it was wrong - break it down into two

Answer 5

D did not know the nature and quality of the act they were doing
D did not know what they were doing was legally wrong

Question 6

Case for D did not know the nature and quality of the act they were doing

Answer 6

Codere

Can either be conscious and unaware of act or unconscious so not aware

Question 7

Cases for D did not know what they were doing was legally wrong

Answer 7

If D knew their act was illegal, they cannot use insanity as a defense (Windle)

Oye
Johnson

Question 8

Outcome of using the offence - what Act says these verdicts can be imposed and what verdicts are they

Answer 8

s.24 Domestic Violence, Crime and Victims Act 2004, this gives a judge the option to impose one of the following:

Hospital order - only order for a murder charge
Absolute discharge - walks away with no punishment
Supervision order - treatment program