insanity

Question 1

definition

Answer 1

(S1criminal procedure (insanity and unfitness to plead) act 1991)
states there must be evidence from 2 doctors, one of which must be an expert in mental health

Question 2

3 stages

Answer 2

(M’Naghten) defined defence of having 3 stages
1) suffering from a defect of reason
2) caused by a disease of the mind
3) d must not understand the nature and quality of their actions

Question 3

stage 1

Answer 3

d must be suffering from a defect of reason, meaning the ds reasoning is impaired, this must be more than temporary absentmindedness or confusion (Clarke)

Question 4

Stage 2

Answer 4

Defect of reason must be caused by a disease of the mind, this covers any physical disease which effects the operation of the mind
insanity is caused by INTERNALLY affected conditions

Question 5

examples of diseases of the mind

Answer 5

Epilepsy (Sullivan)
sleep walking (Burgess)
schizophrenia
chronic depression
diabetes (hyperglycaemia) high blood sugar, internally infected disease (Hennessy)

Question 6

Stage 3

Answer 6

d must not understand the nature and quality of their act
d must not have known that what they were doing was wrong and what the consequences would be (Windle)