law insanity

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  • insanity-M'Naughten rules
    • 1.D must suffer a defect of reason
      • Where D is not capable of reasoning as a normal, rational human being=Ds actions were not those of a capable human being
        • R v Clarke 1972
          • D claimed insanity when stealing meat from a shop despite professing vegetarianism
          • Ratio: Absent mindedness is not insanity; Ds actions can still be strange or illegal and be rational
    • 3.Which caused D to lack the capacity to know what he did was wrong
      • Did D know it was illegal,or rather probably would be according to the standards of ordinary reasonable men?
        • R v Windle:D killed his wife when her depression caused him to become depressed. When arrested said ' I suppose they will hang me for this
          • Ratio:The jury could not find he had not understood that his actions were wrong.Hanged


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