insanity

Question 1

What case Defined and set out the defence of insanity

Answer 1

M’Naghten Rules - Insanity

Question 2

How is insanity defined?

Answer 2

‘Labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing wrong’

Question 3

What is the first thing to prove under insanity?

Answer 3

A defect of reason

Question 4

What case defined defect of reason?

Answer 4

clarke
Must be more than mere forgetfulness

Question 5

What is the second stage to prove for insanity?

Answer 5

A disease of the mind

Question 6

What is a disease of the mind?

Answer 6

A mental disease or a physical disease which affects the mind - must be an INTERNAL cause

Question 7

What case defined disease of the mind (hardening of the arteries)

Answer 7

Kemp - Disease of the Mind
Hardening of the arteries is classed as a disease of the mind

Question 8

What case defined disease of the mind (epilepsy)

Answer 8

Sullivan - Disease of the Mind
Epilepsy constitutes as a disease of the mind

Question 9

What case defined disease of the mind (high blood sugar levels)

Answer 9

R v Hennessy - Disease of the Mind
High blood sugar levels because of diabetes were classed as insanity

Question 10

What case defined disease of the mind (sleepwalking)

Answer 10

Burgess - Disease of the Mind
Sleep walking is within the legal definition of insanity

Question 11

what case defined disease of the mind (external factors not disease)

Answer 11

Quick - Disease of the Mind
External factors aren’t disease of the mind

Question 12

What is the third stage in proving insanity?

Answer 12

Not knowing the nature and quality of the act OR does not know what he was doing was wrong

Question 13

What is meant by ‘Not knowing the nature and quality of the act’?

Answer 13

Refers to the physical character of the act and if D didnt know what he was doing

Question 14

What two ways can not knowing the nature and quality of the act be proven?

Answer 14

A) D does not know nature and quality of act
B) He knew what he was doing but did not know it was morally or legally wrong

Question 15

what is a case for knew what they were doing but did not know it was legally or morally wrong (Defence failed)

Answer 15

Windle -
D knew his conduct when he stated ‘I suppose they will hang me for this’

Question 16

What is the special verdict for insanity?

Answer 16

‘Not guilty by reason of insanity’

Question 17

What act defines what a judge can impose, and what can they impose?

Answer 17

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
Judge can impose a:
-hospital order
-supervision order
-absolute discharge

Question 18

What sort of defence is insanity?

Answer 18

general

Question 19

what sort of crime does insanity not apply to and a case that defines this?

Answer 19

strict liability
HARPER

Question 20

where is the burden of proof placed upon

Answer 20

the defendant

Question 21

what are the 3 cases for D did not know the quality of his act?

Answer 21

1. Kemp- lapse of consciousness -did not know
2. epileptic fit- did not know
3. Burgess- sleep walking - did not know

Question 22

what sort of factors is insanity caused by?

Answer 22

internal factors