Insanity

Question 1

Explain

The Test for Insanity + Burden of Proof

M’Naughten Rules - 3 part test

Apart of Insanity

Answer 1

• Burden of proof is on the defence

N'Naughten Rules:
1) The D was suffering from a defect of reason
2) This was caused by a disease of the mind.
3) As a result D either, didn't know nature or quality of the act, or did not know what they did was morally wrong 

Question 2

Describe

Defect Of Reason

Clarke

Apart of insanity

Answer 2

• D must have reasoning impaired, without this there isn’t any insanity.

Clarke - The defect of reason must be more than absent-mindedness or confusion

Question 3

Describe

Disease of the Mind

Kemp, Burgess, Quick, Hennessy, Sullivan

Apart of Insanity

Answer 3

• Legal term, must be a internal factor, on any body part, so long as mind is affected.
• Hyperglycaemia - High level of blood sugar from lack of insulin, is insanity. Taking too much insulin is external

Kemp - Mental/Physical disease which affects the mind, can be temporary, permenant, curable or incurable.

Burgess - Sleepwalking that is internally caused is a disease of the mind.

Quick - If external cause put D in state, not insanity

Hennessy - Diabetic Seizure caused internally from lack of insulin allows inasnity to succeed.

Sullivan - Epilipsey is a disease of the mind

Question 4

Describe

Not Knowing Nature and Quality of Act

Windle, Johnson

Apart of Insanity

Answer 4

• Nature and quality is the physical character of act.
• D is in a state of unconsciousness or impaired unconsciousness,
• Or D’s conscious but condition means they don’t understand or know whaty they are doing.

Windle - If know Nature and Quality, and that it is legally wrong, no defence.

Johnson - If D knew legally wrong but not morally wrong, no defence

Question 5

Describe

The verdict in insanity

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Apart of Insanity

Answer 5

• Defence proves D is insane, jury return a verdict of ‘not guilty by reason of insanity.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 - Judges can give hospital order, supervision order, or absolute discharge, only if it's murder they give indefinite hospital order

Question 6

Apply to an Exam Question

Flip

Apart of Insanity

Answer 6

Defect of Reason

Explain why the D doesn’t know what they are doing.

Explain whether it is or isn’t more than confusion or absentmindedness.

Disease of the Mind

Here the disease of the mind is…it causes a malfunctioning of the brain.

Explain if the cause is internal e.g. sleepwalking.

It is temporary, permanent, curable, or incurable.

Nature and Quality

Does the D understand the nature and quality of their conduct? Why?

Does the D understand what they are doing? Why?

Conclusion

Successful defence?