Insanity (Paper 1)

Question 1

Insanity can be used for any crime

Answer 1

True

Question 2

Section 1 Criminal Procedure (Insanity & Unfitness to Plead) Act 1991

Answer 2

Needs to be evidence from two doctors and one must be an expert in mental health

Question 3

Case which created the 3 stage test for Insanity

Answer 3

M’Naghten (1843)

Question 4

Stage 1 of Insanity

Answer 4

D must be suffering from a defect of reason

Question 5

Meaning of defect of reason

Answer 5

Powers of reasoning have been impaired

Question 6

Ruling from Clarke

Answer 6

Absentmindedness or confusion is not enough for a defect of reason

Question 7

Stage 2 of Insanity

Answer 7

The defect of reason must have been caused by a disease of the mind

Question 8

Meaning of disease of the mind

Answer 8

Physical or mental condition which has an effect on the brain (internally affected)

Question 9

Examples of disease of the mind

Answer 9

Epilepsy (Sullivan)
Sleepwalking (Burgess)
Hyperglycaemia - Diabetes (Hennessy)
Schizophrenia
Chronic Depression

Question 10

Stage 3 of Insanity

Answer 10

D must not understand the nature and quality of their actions

Question 11

Key case for stage 3

Answer 11

Windle