Insanity

Question 1

What is insanity ?

Answer 1

The defence of insanity is concerned with the mental capacity of the defendant

Question 2

The current rules regarding insanity come from the case of M’Naghten, in order to rely on the defence what must the D prove

Answer 2

1. He was suffering from a defect of reason
2. Caused by a disease of the mind so that,
3. The D either did not know the nature and quality of the act that he did or he did not know what he was doing was legally wrong

Question 3

Explain what is meant by defect of reason and explain the case of R v Clarke

Answer 3

Defect of reason- ability to reason was impaired, The D is deprived of the power of reasoning.

In R v Clarke -conviction overturned as she possessed the powers of reasoning just failed to use it in that instance so cannot be classed as insane

Question 4

Explain what is meant by disease of the mind and explain the case of R v Kemp

Answer 4

‘disease of the mind’ is a legal rather than medical term.
It was held in R v Kemp even though his was a physical condition rather than mental, it constituted to a disease of the mind because it affected his mind which in this case was taken to be his memory and ability to understand and reason

Question 5

What do we know from the case of Sullivan ?

Answer 5

That the disease of the mind must be an internal cause

Question 6

What do we know from the case of Quick ?

Answer 6

It doesn’t need to be permanent; can be ‘transient and intermittent’

Question 7

What do we know from the case of Bratty ?

Answer 7

Lord denning stated an internal factor that manifests itself into violence and is likely to reoccur is a disease of the mind and has been described as the continuing danger theory (for interest of the public to declare a person insane if they remain danger to others)

Question 8

Explain what is meant by nature and quality of act :

Answer 8

The defect of reason caused by the disease of the mind must mean either D was unaware of his actions (nature and quality of act) and/or he doesn’t know the act is legally wrong.

If D is aware of what he’s doing he may still rely on the defence if he doesn’t know what he’s doing is legally wrong - Case of windle

Question 9

Who is burden of proof on ?

Answer 9

On the defence

Question 10

What can a judge impose on the D

Answer 10

1. A hospital order
2. A guardianship order
3. A supervision order
4. An absolute discharge (Criminal procedure Act 1991)