TOPIC 4: DEFENCES Flashcards
What is insanity?
A person suffering from a defect of reason arising from a disease of the mind so as become unaware of the nature and quality of the act or not to realise the act was lawfully wrong.
Within insanity, who does the burden of proof fall upon?
The defence
What is the standard of proof within insanity?
The balances of probabilities
What three steps do you use in a insanity question?
- Disease of mind
- Defect of reason
- Unaware of nature+ quality of act or not realise it’s lawfully wrong
What is the M’Naghten’s case?
D tried to kill prime minister killed secretary instead. Case founded the M’Naghten rules.
What are the M’Naghten’s Rules?
A person is to be judged sane unless he was labouring a defect of reason from disease of the mind, as not to know the nature and quality of the act he was doing, or if he knew it he didn’t know it was wrong”
What is a defect of reason within insanity?
A total loss of reasoning, not merely forgetfulness. If defendant has reason then the defence isn’t available
What happened within Clarke?
Defendant charged with shoplifting. Claimed she’d forgot to pay due to depression. Forgetfulness isn’t a defect of reason.
What is a disease of the mind?
An internal mental disease or physical one which affects mind
What happened in Kemp?
Defendant inflicted GBH on his wife with a hammer. He claimed he lost consciousness due to arteriosclerosis which affected the flow of blood to his brain.
What happened within Sullivan?
An epileptic who was aggressive to anyone who came to his aid when he was having a fit. He injured an 80 year old neighbour and was charged with GBH.
Epilepsy was a disease of the mind.
What happened in Hennessy?
Defendant took a motor car and claimed he was suffering with hyperglycaemia as he had BT’s taken insulin or eaten properly so he was acting unconsciously.
Hyperglycaemia is a disease of the mind
What happened in Burgess?
He fell asleep and attacked a woman. He was sleep walking though. Found not guilty due to insanity.
What does it mean to not know the nature and quality of his act or knowing the act was wrong?
It means they must be unconscious or have impaired consciousness or no understanding of wrongness of act due to a mental condition.
What happened in Windle?
The defendant killed his wife by giving her 100 aspirins. She was medically insane and wanted to end her life. He said “I suppose they will hang me for This” guilty as that showed he knew what he was doing was wrong
