Insanity Flashcards
What is insanity ?
when person suffers disease of mind cause defect of reason so not know nature & quality of act was wrong in law
Who set out insanity rules ?
M’Naughten 1843
What is a defect of reason ?
Ds ability to make sensible and logical choices (power of reason) inspired
What does Clarke show about defect of reason ?
must b actual deprivation of PoR not just absent 🧠 ness, confusion or failing to use PoR
What is the second element ?
defect must come from disease of mind
How did Lord Denning define disease of ming in Bratty ?
‘any mental disorder which has manifested itself in violence & prone to recur’
What disease of mind actually mean ?
malfunctioning of mind arising from an internal condition
What has case law said can amount to a disease of the mind and case ?
physical (Kemp) or mental condit. can amount to and can be permanent, temporary, in/curable
What are some examples of diseases of the mind ?
epilepsy (Sullivan)
sleepwalking (Burgess)
diabetes : Hyperglycemia (Henessy) Hypoglycaemia (Quick)
How does R V Oye set out the final element ?
disease left them unable to understand nature & quality of their actions ?
How does Codere set out the last element ?
refers to physical nature of act, do they understand what they done ?
What can we look at to help us understand if D knew N+Q of their actions ?
lack of consciousness?
know what doing ?
appreciate conseq. ?
appreciate circum. acting in ?
How else can a D not understand N+Q of their actions (case) ?
not know it was illegal (Windle) not immoral
If a D can use insanity what happens to the judges powers and where does it come from ?
given discretionary powers & Criminal Procedure (Insanity & Unfitness to Plead) Act 1991
What are the discret. sentencing powers ?
hospital treatment order
supervision order
absolute discharge
If the charge is murder what is the only sentence D can be given ?
indefinite hospital order
