Insanity

Question 1

Source

Answer 1

• Common law
• Complete defence
• Presumption of sanity
• Def in M’Naghten
• All MR crimes

Question 2

Elements

Answer 2

1 - Defect of reasoning
2 - disease of the mind
3 - not know nature/quality of act or that it is legally wrong

Question 3

Element 1

Answer 3

Defect of reasoning
- Complete loss of the powers of reasoning
- Not merely absentmindedness, forgetfulness or confusion (Clarke)

Question 4

Element 2

Answer 4

Disease of the mind
- Internal cause affecting memory, reasoning and understanding (Sullivan)
- Forgotten diabetes meds (Hennessy)
- Forgotten epilepsy meds (Bratty)
- Sleepwalking (Burgess)

Question 5

Element 3

Answer 5

Not know nature of quality of act due to:
- Delusional state
- Diabetic coma
- Epileptic seizure
- Impaired/lost consciousness (Oye)
OR not know that it is wrong
- Legally not morally (Windle, Johnson)

Question 6

Sentencing

Answer 6

• Not guilty by reason of insanity
• Full judicial discretion
• Murder = mandatory indefinite term in secure physchiatric facility