Insanity

Question 1

Insanity introduction/ definition

Answer 1

• D may be able to argue the defence of insanity
• Section 1 of the Criminal Procedures (Insanity and unfitness to plead) Act 1991 states that there must be evidence from two doctors, one of whom must be an expert in mental health.
• M’Naghten defined the defence of insanity as having three stages:
  1- D must be suffering from a defect of reason
  2- This must be caused by a disease of the mind
  3- The defect of reason must cause the D to not understand the nature of their actions, or that what they did was legally wrong

Question 2

Insanity stage 1

Answer 2

• The D must be suffering from a defect of reason- this means that the D’s ability to reason is impaired. It must be more than temporary absentmindedness or confusion (Clarke)

Question 3

Insanity stage 2

Answer 3

• The defect of reason must be caused by a disease of the mind. This covers any physical or mental disease which affects the operation of the mind. Insanity is caused by a internal factor. It must affect the memory, reasoning, and understanding (Kemp)
• Explain and apply the disease of the mind which the D is suffering from.

Question 4

Examples of diseases of the mind under the defence of insanity

Answer 4

• Epilepsy (Sullivan)
• Sleep Walking (Burgess)
• Schizophrenia
• Chronic depression
• Diabetes- Hyperglycaemia (High Blood Sugar)(Hennessy)

Question 5

Stage 3 of insanity

Answer 5

The defect of reason must cause the D to not understand the nature and quality of their actions(Oye), or that what they were doing was legally wrong (Windle).

Question 6

Explain verdict if defence of insanity is successful

Answer 6

• Special Verdict- if successful, this will lead to a special verdict of not guilty by reason of insanity
  -Since the Criminal procedure (Insanity and Unfitness to plead) Act 1991, hospitalisation is only mandatory for murder, it is at the judges discretion for all other crimes