Insanity

Question 1

If a person successfully uses the defence of insanity, which act will they be sentenced under and what would the verdict be?

Answer 1

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 - not guilty by reason of insanity

Question 2

What is the definition of insanity?

Answer 2

A defect of reasoning caused by a disease of the mind that means that the defendant doesn’t know the nature and quality of the act or that what they were doing was legally wrong

Question 3

How is a defect of reasoning defined?

Answer 3

As an inability to reason and a complete lack of awareness

Question 4

Which case shows that absent mindedness isn’t sufficient for a defect of reasoning?

Answer 4

R v Clarke

Question 5

Which case defined ‘disease of the mind’ and what was the definition?

Answer 5

R v Henessy - any as medical condition that affects the functioning of the mind

Question 6

Which case shows that the defendant knew their actions were legally wrong?

Answer 6

R v Windle

Question 7

Can a defendant rely on the defence of insanity if they are intoxicated?

Answer 7

Usually no, because intoxication is an external factor. However, if there are multiple factors, it could be considered

Question 8

What can the judge enforce if the defendant successfully pleads insanity?

Answer 8

1) A hospital order (mandatory for murder)
2) A guardianship order
3) A supervision/treatment order
4) An absolute discharge