General Defences

Question 1

Definition of insanity?

Answer 1

S.1 Criminal Procedure (Insanity & Unfitness to Plead) Act 1991.
M’Naghten defined insanity as having 3 stages.

Question 2

What does M’Naghten say?

Answer 2

The defence of insanity has 3 stages.

Question 3

What is stage one?

Answer 3

D must be suffering from a defect of reason, meaning that the Ds reasoning is impaired.
Clarke- temporary absentmindedness is not enough.

Question 4

What is stage 2 of insanity?

Answer 4

The defect of reason must be caused by a disease of the mind.

Question 5

What are the diseases of the mind under insanity?

Answer 5

Epilepsy- Sullivan
Sleep walking- Burgess
Schizophrenia
Chronic depression
Diabetes hyperglycaemia- Hennessy

Question 6

What is stage 3 of insanity?

Answer 6

D must not understand the Natute and Quality of their act.
Window- the d must not have known what they were doing was wrong and what the consequences would be.

Question 7

Definition of Automatism?

Answer 7

Lord Denning in Bratty- “an act done by the muscles without any control of the mind”
Automatism is caused by externally affected conditions.

Question 8

What is stage 1 of automatism?

Answer 8

D must have lost full control of their actions. This means the D did the actus reus involuntarily (Broome v Perkins)