Law P1 CRIM (insanity)

Question 1

What is insanity?

Answer 1

In a scenario question, if someone. Dies you use diminished responsibility not insanity, insanity can be used for anything else

The defence of insanity is a general defence which is available to all crimes.

Question 2

What is the definition of insanity?

Answer 2

The definition of insanity is contained in the M’naughten rules of 1843.

Definition - the defendant must prove that at the time of the offence he was labouring under such a defect of reason, arising from a disease of the mind, that he did not know the nature and quality of the act he was doing, or if he did know it, that he did not know that what he was doing was wrong.

Question 3

What are the m’naughten rules which the defendant must satisfy?

Answer 3

• D was labouring under a defect of reason
• the defect of reason was arising from a disease of the mind
• D did not know the nature and quality of the act, or if he did know it, he did not know what he was doing was wrong.

Question 4

What are the cases for insanity?

Answer 4

• R v Clarke (defect of reason), absent mindedness is not sufficient for a defect of reason
• R v Kemp (arising from disease of mind), a physical disease can be a disease of the mind if it affects the defendants memory
• R v Oye (not knowing the nature + quality of act), D did not know the nature of his acts
• R v Windle (not knowing the act is wrong), D’s statement was evidence that he knew what he was doing was wrong

Question 5

What are the consequences a defendant can receive from an insanity verdict?

Answer 5

• hospital order
• supervision order
• absolute discharge

Question 6

What is a hospital order?

Answer 6

a hospital order is a common consequence when a defendant is found not guilty by reason of insanity, and the court believes that the defendant requires treatment for a mental illness.

This order can require the defendant to be detained in a hospital for treatment

Question 7

What is a supervision order?

Answer 7

an order that allows a defendant to be supervised in the community rather than being detained in a hospital

Question 8

What is absolute discharge?

Answer 8

when the court decides that no further action should be taken, releasing the defendant from any liability

Question 9

What are the cases for the potential orders?

Answer 9

R v Hennessy, the court found that D should be detained under a hopsital order rather than being setn to prison because of his mental health condition

R v M’Naughten, if D is found insance but does not require detention in a hospital, a supervision order might be imposed

R v Johnson, there is no need for further detention or supervision if D is no longer considered dangerous