Insanity

Question 1

1) Introduction

Answer 1

D may have the defence of insanity under the rules in M’Naghten.

Question 2

2) First element

Answer 2

• Firstly, D must suffer from a defect of reason which means that D’s powers of reasoning must be impaired. Being temporarily confused or absentminded will not qualify (Clarke).
• Here D shows such impairment as…

Question 3

3) Second element

Answer 3

•Next, the defect of reason must be caused by a disease of the mind as a result of an internal factor affecting D’s ordinary mental faculties of reason, memory & understanding (Kemp).
•Here the disease of the mind is… which is an internal factor
(+ relevant case:
Kemp, Sullivan, Hennessy, Burgess).

Question 4

4) Third element

Answer 4

• Lastly, D must not know the nature and quality of his act or doesn’t know it’s legally wrong (Windle).
• Here, D may not have understood the nature of his act/ know it’s legally wrong as…

Question 5

5) Conclusion

Answer 5

If all the M’Naghten rules are satisfied, it can lead to a verdict of ‘not guilty by reason of insanity’ & results in D receiving a hospital order or an absolute discharge.