Insanity (Defences)

Question 1

House of Lords came up with legal principles for insanity in what case?

Answer 1

R v M’Naghten

Question 2

What is the first element of insanity?

Answer 2

D had a defect of reason

Question 3

Second element of insanity?

Answer 3

This was caused by a disease of the mind

Question 4

Third elements of insanity? (Two separate)

Answer 4

D either doesn’t know nature and quality of his act, or does but doesn’t know it was wrong

Question 5

What is meant by defect of reason?

Answer 5

D’s peers of reasoning are impaired

Question 6

Case for defect of reason?

Answer 6

R v Clarke: absent mindedness and confusion are not grounds of a defect of reason

Question 7

What is meant by a disease of the mind?

Answer 7

Internal cause - mental or physical disease which affects the mind

Question 8

Cases for disease of mind?

Answer 8

R v Kemp: hardening of arteries
R v Sullivan: epilepsy
R v Hennessy: hyperglycaemic (caused by diabetes)
R v Burgess: sleep walking

Question 9

What is meant by not knowing the nature and quality of the act?

Answer 9

a) D in a state of unconsciousness
b) Conscious but doesn’t know what they’re doing

Question 10

What is meant by not knowing the act is wrong? Case?

Answer 10

If D knows what they’re doing is legally wrong, they won’t be able to rely on insanity - R v Windle

Question 11

What happens if D successfully relies on defence of insanity?

Answer 11

Not guilty by reason of insanity - judge will impose hospital order, supervision order or absolute discharge.