Insanity Flashcards
(17 cards)
McNaughten rules
disease of mind leading tina defect in reason that D didn’t know nature or quality of act or didn’t know was wrong
Is there a presumption of sanity?
yes
R v Sullivan
pled ABH to avoid insanity
disease of mind needs effect on memory reason or understanding
not know nature/quality case
Disease of mind cases
R v Kemp
R v Sullivan
R v Burgess
R v Hennessy
R v Quick
Defect of reason cases
Clarke
3rd element cases
Sullivan
Windle
Peter william coonan
R v Keal
R v Kemp
even though temporary and physical still led to limited capacity of brain so still disease of mind
R v Burgess
sleepwalking can be insanity - especially if have history of it
R v Henessey
hyperglycaemia is insanity
R v Quick
hypoglycaemia is autism
R v Clarke
shoplifter didn’t realise stole qs absent minded and confused - need more for defect of reason
R v Windle
Case for not know what was doing was legally wrong
Peter william coonan
killed as god told him to - not insanity as knew was legally wrong
R v Keal
states need to prove did not know was illegal and morally wrong
issues with insanity
Terminology
stigma
gap between medical and legal insanity
McKay
legally wrong is weak and special verdict is harsh
Omerod and Dsouza
want reform of insanity qs lack of psychological basis leads to mislabelling and uncertainty
