Insanity Flashcards
S1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
There needs to be evidence from 2 doctors and 1 must be an expert in mental health
There needs to be evidence from 2 doctors and 1 must be an expert in mental health
S1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991
Which case established a 3 stage test?
M’Naughten
M’Naughten 3 stages
- Defect of reason
- Disease of mind
- D does not understand the nature of their conduct
What is stage 1?
D must have a defect of reason
Clarke - D’s powers of reasoning must be completely impaired
Clarke
D’s powers of reasoning must be completely impaired
D’s powers of reasoning must be completely impaired
Clarke
What is stage 2?
Disease of the mind.
Kemp - It must be caused by an INTERNAL factor.
Kemp
The disease of mind must be caused by an INTERNAL factor. It must affect your memory, reasoning and understanding
The disease of mind must be caused by an INTERNAL factor. It must affect your memory, reasoning and understanding
Kemp
Case for epilepsy
Sullivan
Sullivan
Case for epilepsy
Case for diabetes (HYPERglycaemia)
Hennessy
Hennessy
Case for diabetes (HYPERglycaemia)
Case for sleepwalking
Burgess
Burgess
Case for sleepwalking
Stage 3
The defect of reason cause D to not understand the nature of his acts, or what he was doing was wrong
Oye - D must not know what they are doing
Side rule to stage 3
But always include
Windle - The defence will fail if D knew his actions were legally wrong
Stage 4
Special verdict of not guilty if all stages complete
