Insanity
- Created by: Hayley Petts
- Created on: 04-06-14 09:21
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- Insanity
- definition
- set by the M'naghten rules (1843)
- D must be suffering from a defect of reason which has been caused by a disease of the mind
- D must does not know the nature and quality of his act and that it was wrong
- must be an internal cause
- must be proved on balance of probability
- must be evidence from two medical experts
- defendant is presumed to be sane
- insanity no defence to strict liability crimes
- R v Harper (1997) - driver with excess alcohol
- no mens rea required
- set by the M'naghten rules (1843)
- Defect of Reason
- requires an impairment of reasoning
- Clarke (1972) - stole goods with no recollection of it happening
- CA held that defect of reason must be more than absent-mindedness or confusion
- Disease of the mind
- legal term covers both physical and mental conditions
- must be internal and exist at the time of the D acted
- Kemp (1956) - suffering from hardening of the arteries causing blackouts
- CA held that even though it was a physical disease it affected his mid so was allowed
- Sullivan (1984) - epileptic who injured elderly neighbour during fit when visiting
- HL held insanity included any organic or functional disease and it can be temporary
- Hennessy (1983) - diabetic failed to take insulin and took a car
- diabetes affected mind and insanity allowed as it was an internal source
- Quick (1973) - failed to eat after taking insulin
- external fact so insanity not allowed under M'naghten rules
- Burgess (1991) - attacked girlfriend while asleep
- Court held that if cause of sleepwalking was internal then insanity is allowed
- not knowing the nature and quality of the act and that it was legally wrong
- may be due to a state of unconsciousness or impaired consciousness
- may be due to a lack of understanding or awareness due to a mental condition while conscious
- no defence if D knows that what they are doing is legally wrong, even if they have a mental illness
- Byrne (1960)
- Windle (1952) - killed wife with 100 aspirin and said 'I suppose they will hang me for this'
- not insane as new act was wrong in law
- Johnson (2007) - paranoid schizophrenic who attacked neighbour
- not insane as knew what he was doing and that it was legally wrong
- consequences of insanity verdict
- before 1991 this resulted in compulsory detention in mental hospital
- Criminal Procedue (Insanity Unfitness to Plead) Act 1991
- now replaced by Domestic Violence, Crime and Victims Act 2004
- extends sentencing options:
- hospital order
- supervision order
- absolute discharge
- murder - an indefinite hospital order with Home Secretary giving permission for release
- extends sentencing options:
- now replaced by Domestic Violence, Crime and Victims Act 2004
- definition
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