Insanity

Question 1

Type of defence

Answer 1

Full defence so the D will be found guilty by reason of insanity and they will be given a special verdict

Question 2

M’Naghten definition

Answer 2

a defect of reason caused by a disease of the mind, and that he did not know the nature or quality of his act he was doing was wrong

Question 3

Defect of reason

Answer 3

it must be prove that the defendant suffers a defect of reason meaning that their powers of reasoning must be impaired

Question 4

Disease of mind

Answer 4

it must be proven that the defendant has disease of mind; this can be mental or physical

Question 5

Nature of acts

Answer 5

It must be proven that this causes the defendant to not understand the nature of the act. This means the defendant is either in a state of unconsciousness or impaired consciousness, or they are conscious but due to mental functioning they don’t understand what they are doing

Question 6

Burden of proof

Answer 6

For insanity the burden of proof rests with the defence to prove that D was suffering from insanity at the time of the offence on the balance of probabilities

Question 7

Special verdict

Answer 7

-Hospital order
-Supervision order
-Absolute discharge