Defences: Insanity Flashcards
What case defined Insanity?
The McNaghten Rules 1843
What did The McNaghten Rules 1843 define insanity as?
All defendants are presumed to be sane until the defence can prove otherwise
If insanity is proven, defendant will receive a special verdict of ‘not guilty by reason of insanity’
What must be proved to use the defence of insanity?
Defect of reason
Due to disease of mind
Which means the D didn’t understand the nature and quality of their act or they didn’t know that what they did was legally wrong
Who does the burden of proof lie with?
The defendant
What is defect of reason?
D’s power to reason is impaired
If D capable of reason, defence fails (Clarke)
What must be proved at the time of the offence?
D must prove he was suffering from a disease of the mind at the time he committed the AR of the offence
What is the disease of the mind?
Any illness which affects the memory, reasoning or understanding cuased by an internal source
Kemp
What are some illnesses held to be a disease of mind?
Epilepsy (Sullivan)
Sleepwalking (Burgess)
Dissociation (T)
Diabetes (Hennessy - Hyperglycemia)
How does voluntary intoxication come into insanity?
If D voluntary intoxicates a substance which caused a temporary psychotic episode, can’t use the defence of insanity
as the substance is an external factor
What is a case for didn’t understand the nature and quality of their act?
Oye
What is a case for didn’t know what they were doing was legally wrong?
Windle
What is a special verdict?
D succeeds using defence, not guilty by reason of insanity
Hospitalisation is mandatory for murder
Judge has discretion for other crimes
