Insanity Flashcards
(15 cards)
What may the defendant argue in relation to the defence of insanity?
D may argue the defence of insanity.
What statute governs the medical evidence required for the insanity defence?
S.1 Criminal Procedure (Insanity & Unfitness to Plead) Act 1991 – There must be evidence from 2 doctors, one of whom must be an expert in mental health.
What case defines the legal test for insanity and how many stages are there?
M’Naghten – The defence has 3 stages:
1. D must be suffering from a defect of reason
2. Caused by a disease of the mind
3. Which causes D to not understand the nature and quality of their actions or that what they did was legally wrong
What is the first stage of the M’Naghten rule for insanity?
D must be suffering from a defect of reason.
What does “defect of reason” mean under M’Naghten?
D’s ability to reason is impaired, and it must be more than temporary absentmindedness or confusion.
(Clarke)
What is the second stage of the M’Naghten rule for insanity?
The defect of reason must be caused by a disease of the mind.
What does “disease of the mind” mean in the context of insanity?
It refers to a physical disease affecting the mind and must be caused by an internal factor affecting memory, reasoning, and understanding.
What are examples of diseases of the mind in law?
• Epilepsy – Sullivan
• Sleepwalking – Burgess
• Schizophrenia
• Chronic depression
• Diabetes (Hyperglycaemia) – Hennessy
What is the third stage of the M’Naghten rule for insanity?
The defect of reason must cause D to either:
• Not understand the nature and quality of their actions (Oye)
• Or not understand that what they did was legally wrong (Windle)
What does it mean to not understand the “nature and quality” of the act?
D does not realise what they are doing or the physical consequences of their actions – Oye
What does it mean to not understand that an act is legally wrong?
D does not know the act is against the law – Windle
What should be included after applying the three stages of M’Naghten to the scenario?
Conclude – Would D be successful in arguing this defence?
What is the result if the insanity defence is successfully argued?
The defendant will receive a special verdict of not guilty by reason of insanity.
What happens after a special verdict in cases not involving murder?
The judge has discretion and may issue:
• Supervision order
• Hospital order
• Absolute discharge
(Criminal Procedure (Insanity and Unfitness to Plead) Act 1991)
What is the consequence of a special verdict in a murder case?
Hospitalisation is mandatory.
