Insanity

Question 1

what 3 elements need to be proven for D to prove insanity

Answer 1

1. defect of reason
2. disease of the mind
3. does D not know the nature and quality of his act or does he not know what he was doing wrong?

Question 2

defect of reason

Answer 2

means D’s power of reasoning must be impaired. If D is capable of reasoning but has failed to, this is not a defect of reason

Question 3

defect of reason case

Answer 3

Sharpe

Question 4

Sharpe LP

Answer 4

mere absentmindedness is not insanity

Question 5

disease of the mind

Answer 5

Disease of the mind is a legal term, not a medical one.

Question 6

disease of the mind cases

Answer 6

Hennessey, Kemp

Question 7

Hennessey LP

Answer 7

the disease must be due to an internal factor

Question 8

Kemp LP

Answer 8

The source of the disease of the mind can be internal to D

Question 9

examples of things that are accepted

Answer 9

-diabetes (Quick)
- sleep-walking (Burgess)
- Arteriosclerosis (Kemp)

Question 10

what 3 things must D prove to use ‘D did not know the nature and quality of the act or did not know what they were doing was wrong’

Answer 10

• they didn’t know what they were doing
• they didn’t appreciate the consequences of their act
• they didn’t appreciate the circumstances in which they were acting

Question 11

D’s act must be wrong, case and LP

Answer 11

wrong is taken to mean in law, not morally wrong. (Windle)