insanity

Question 1

what is insanity

Answer 1

a mental capacity defence

Question 2

what are the rules of insanity based on

Answer 2

MNaghten Rules 1843 which sets out 3 elements that need to be satisfied

Question 3

who is the burden of proving insanity

Answer 3

is on the defence who must prove it on the balance of probabilities

Question 4

1st

Answer 4

D must have a defect of reason which means deprived of the powers of reasoning and is more than absent mindedness or confusion Clarke it can be permanent or temporary as in Sullivan

Question 5

2nd

Answer 5

the defect of reason must be due to a disease of the mind. This is a legal test not a medical one and can be internal mental disease or physical disease which affects the mind. Examples are being paranoid delusional/paranoid MNaghten, hardening of the arteries Kemp epilepsy Sulliavn diabetes Hennessy and sleepwalking sleep disorder Burgess

Question 6

being diabetic but not eating properly

Answer 6

is an external cause and is automatism not insanity as in Quick. The presence of intoxication through alcohol or drugs is an external factor and is not a disease of the mind

Question 7

3rd

Answer 7

D must not know the nature and quality of their act which means he does understand or know what he is doing