Insanity

Question 1

Where from?

Answer 1

House of Lords 1843 - M’Nagthten Rules

Question 2

What does m’naghten say?

Answer 2

· Every man is presumed to be sane
· Balance of probabilities
· Defect of reason, disease of the mind, not to know the nature and quality of the act or did not know what he was doing was wrong
-Not guilty by reason of insanity

Question 3

1. A defect of reason

Answer 3

Completely deprived of power of reasoning
R v Clarke - D is capable of reasoning but fails to do so is not defect of reasoning
R v Sullivan - Defect of reason can be temporary or permanent, as long as its at time of crime

Question 4

2. Caused by a disease of the mind

Answer 4

Internal factors
Sullivan (epilepsy at time) smoked hemp (kemp - arteries), ate burgers (burgess - sleep disorder) and drank hennessey (hyperglycaemia) with coley (psycho while high)

Question 5

3a. Meaning D doesnt know the nature and quality of their actions

Answer 5

D is conscious but not know what doing due to mental state or Unconscious or impaired consciousness so unaware of actions
E.g. bread (r v codere)

Question 6

3b. Or does not know their actions are wrong

Answer 6

D knowing if actions are illegal. If they know, cannot use insanity as they are aware its wrong
R v Oye - fighting demons (police)
R v Windle - suicidal wife- ‘hang me for this’
R v Johnson

Question 7

Outcome

Answer 7

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
- hospital order
- supervision order
-absolute discharge