Insanity

Question 1

definition

Answer 1

D must be labouring under a defect of reason from a disease of the mind AND must either not know the nature and quality of the act he or she is doing OR not know what he or she is doing wrong (M’Naughten).

Question 2

3 part test

Answer 2

defect of reason
caused by a disease of the mind
D doesn’t know the nature and quality of his act or doesnt know it is wrong

Question 3

defect of reason

Answer 3

Ds powers of reasoning are impaired
absent mindedness is not enough ( Clarke)

Question 4

disease of the mind

Answer 4

-must be internal (Quick)
-sleeping disorder (Burgess)
-diabetes (Hennessey)
-blood supply (Hemp)
-epilepsy (sullivan)

Question 5

doesnt know nature of his act or know its wrong

Answer 5

i. D is in a state of unconsciousness or is conscious but does not
understand his act because of the mental condition.
D may not know nature and quality of act (R v Oye)
(A)They are unconscious or have impaired consciousness.(B) Conscious but due to mental state do not understand/ know what they are doing.
- Can only apply where D does know what they are doing is wrong (Windle).
- If D knows the nature and quality of his act is legally wrong, he cannot claim insanity, even if he is suffering a mental illness (Windle, Johnson).