Insanity

Question 1

Where do the rules on insanity come from?

Answer 1

The case of M’Naghten

Question 2

What are the rules on insanity called?

Answer 2

The M’Naghten Rules

Question 3

What happened in the case of M’Naghten?

Answer 3

Daniel M’Naghten suffered from paranoid schizophrenia and attempted to kill the PM Rob Peel, he missed his target and killed his secretary.

Question 4

What was the decision in M’Naghten?

Answer 4

Not guilty by reason of insanity

Question 5

What was wrong with the decision in M’Naghten? And what did it lead to?

Answer 5

Created enormous public outcry and lead to the House of Lords outlining their reasoning and the creation of the M’Naghten Rules (1843)

Question 6

What is the main rule given in M’Naghten?

Answer 6

That every man is presumed to be sane and possess a sufficient degree of reason to be held responsible for his actions

Question 7

What are the three elements of the M’Naghten rules? and when must they occur?

Answer 7

1. Defect of reason
2. Caused by a disease of the mind
3. Causing the accused not to know the nature and quality or that their acts were legally wrong.
   At the material time

Question 8

What is the standard of proof needed and who has the burden of proving it?

Answer 8

Balance of probabilities (51% +)

On the defence

Question 9

What is wrong with the burden of proof in the defence of insanity?

Answer 9

The defence has to protest their own innocence

Question 10

What piece of legislation does the defence of insanity go against?

Answer 10

Article 6 of the European Convention of Human Rights - presumption of innocence

Question 11

What case tells us the defence of insanity is available for summary crimes?

Answer 11

R v Horseferry Road Magistrates’ Court Ex Parte K (1996)

Question 12

What case tells us the defence of insanity is not available for offences of strict liability? And what offence was committed?

Answer 12

DPP v H (1997) - drink driving, but was suffering from manic depressive psychosis

Question 13

Why did most defendants prefer to plead guilty and appeal once the death penalty was abolished?

Answer 13

Because punishment is more attractive than the special verdict

Question 14

What piece of law has largely replaced insanity?

Answer 14

Diminished responsibility

Question 15

What year was diminished responsibility introduced and by what act?

Answer 15

Section 2 of the Homicide Act (1957)

Question 16

What case clarified the law on a ‘defect of reason’?

Answer 16

Clarke (1972)

Question 17

What happened in Clarke (1972)?

Answer 17

Mrs Clarke shoplifted claiming she was suffering from depression which caused her to be forgetful and absentminded

Question 18

What was the decision in the case of Clarke (1972)?

Answer 18

Unable to rely on insanity
Must be complete deprivation of mental faculties
Not mere absentmindedness

Question 19

What is a criticism of the decision in the case of Clarke (1972) and how can it be justified?

Answer 19

Makes the defence rather narrow, however it is argued it must be reserved for those who truly need it

Question 20

What case demonstrates how a defect of reason can be not only permanent but transient as well?

Answer 20

Sullivan (1984) epileptic fit

Question 21

What cases show that ‘disease of the mind’ is a legal definition not a medical one?

Answer 21

Kemp (1957)
Hennessey (1989)
Quick (1973)
Sullivan (1984)

Question 22

Why is a ‘disease of the mind’ a legal definition not a medical one?

Answer 22

It includes physical diseases and other diseases which psychiatrists would never term as ‘insane’

Question 23

What legislation is the special verdict set out and is explained under what term?

Answer 23

Not guilty by reason of insanity- s1 the Criminal Procedure (Insanity) Act 1964

Question 24

What statement from Kemp (1957) gives us an understanding of a defect of reason?

Answer 24

Ordinary mental faculties of reason, memory and understanding (Devlin)

Question 25

What case shows the defendant did not know the physical nature of the act they were doing?

Answer 25

Codere (1917)

Question 26

What has the Domestic Violence, Crime and Victims Act 2004 changed for the better?

Answer 26

No hospitalisation order can be made if it is not included and defined as a mental disorder under the Mental Health Act 1983, this is good for diabetics, epileptics and Mr Kemp

Question 27

How is the defect of reason element considered to be narrow?

Answer 27

It does not recognise the disorder and inability to not control one's own urges

Question 28

What criticism did Ashworth make in Principles of Criminal Law regarding the powers of reasoning and powers of action?

Answer 28

Many disorders impair powers over action/reasoning The power to control one's actions must clearly be recognised as part of a reformed mental disorder defence

Question 29

What does disease of the mind refer to?

Answer 29

Mind rather than brain | A disease which affects proper functioning of the mind- Hennessey 1989

Question 30

What source and line number refers to an AO2 mark regarding sentencing?

Answer 30

'Psychiatric equivalent of a life sentence' - source 4, lines 8-10

Question 31

What line and source refers to an AO2 mark showing public policy was at the heart of insanity?

Answer 31

The purpose of the test for insanity was to identify the dangerous (Lord Diplock) source 2 lines 13-16

Question 32

What did the trial judge rule in the case of Sullivan, what did Sullivan plea and why?

Answer 32

Ruled insanity | Sullivan therefore pleaded guilty to avoid the label of insanity- source 4, lines 5-7

Question 33

What did Lord Diplock establish in Sullivan (1984)?

Answer 33

Part of satisfying disease of the mind is to prove a defendant had a reoccurrence of danger

Question 34

What did Diplock state regarding the length of the loss of control of mental faculties?

Answer 34

The fact they are temporary does not become and important factor until found not guilty by reason of insanity

Question 35

What criticisms did Lord Diplock make in Sullivan about the law regarding the recurrence of danger theory?

Answer 35

Parliament had opportunities to amend the law but had not done so Law Commission 2012 scoping paper- based on the ease of application and policy rather than sound principles

Question 36

What new area of law would protect people like Byrne (1960)?

Answer 36

Diminished Responsibility s.52 of the Coroners and Justice Act 2009

Question 37

Who decides whether the defence of insanity or automatism can be used? Case example/citation?

Answer 37

'Question of law, decided by the judge on the basis of medical evidence'- Dickie (1984)

Question 38

What is the role between the judge and the jury in insanity and what case gave us the role of the jury?

Answer 38

Judge: decides if there is sufficient evidence for the defence to be available Jury: decides if D is insane of not (Walton 1978)

Question 39

What would happen if the accused put forward the defence of insanity and no medical evidence?

Answer 39

The defence would therefore be irrelevant under s.1 Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

Question 40

What was the main use of the defence of insanity prior to 1957?

Answer 40

Used in murder cases to avoid insanity