Defence - Insanity

Question 1

What happens if someone is found to be insane at the time of an offence.

Answer 1

Insanity is a COMPLETE defence meaning they do not hold liability

Question 2

What 3 things can the courts impose on an individual found NGRI?

Answer 2

1) Hospital Order
(sent to mental hospital where they are treated for their various mental health conditions rather than prison) - most serious offences

2) Supervision Order
(individual will be supervised)

3) Absolute Discharge
(completely free, can just continue with their normal life as if nothing happened)

Question 3

What case laid down all the elements of insanity?

Answer 3

R vs M’Naghten

M’Naghten tried to assassinate Sir Robert Peel, the then British Prime Minister. Instead, he shot Peel’s secretary, who died a few days later.

Question 4

What is the first element of insanity with case example?

Answer 4

The first element is a Defect of Reason

This means the D is literally unable to reason (not refusing to reason but simply cannot)

R v Clarke (1972)
The court held that absent-mindedness or confusion did not equate to insanity

Question 5

What is the second element of insanity?

Answer 5

The second element of insanity is that their behaviour is directly because of a disease of the mind (mental illness not physical)
The disease must be INTERNAL (legal term) which means it is naturally occuring

Question 6

Name three things that would qualify as a ‘disease of the mind’ with examples

Answer 6

Diabetes (R vs Quick)

Sleepwalking (R vs Burgess)

Epilepsy (R v Sullivan)

Question 7

What is the third element of insanity (a and b)

Answer 7

a) D did not know the nature and quality of his act (such as unconsciousness) #
R vs Burgess

OR

b) D lacked knowledge that the act was wrong
R vs Windle

(suffered from mental health condition but said after killing his wife that they will hang him for it, meaning he knew it was wrong)

Question 8

Add evaluation (at some point)