- only relevant at the time of the defence
- law realting to rules of insanity come from M'Naughton rules - 3 elements that must be established on the basis of probabilities
- 1) defect of reason - inability of the D to use powers of reason. mere failings to exercise theese powers is not enough - Clarke!!!
disease of the mind!!! (2)
· 2)"disease of the mind" - legal term not a medical term, must be physical i.e. not brought about by external factors i.e. drugs : "disorders of te brain affecting powers of reason, memory and understanding"
· examples epilepsy (sullivian), arter-scerosis- (kemp), diabetes - failure to take insulin (hennesy), clinical depression and schizophrenia
3) not know that "nature and quality of the act wa
3) Must not know that "nature and quality of the act was wrong" - refer to physical nature and quality of cat not whether it was morally wrong!!! E.g. think chopping wood when actually chopping off someone’s head!!!
- requires D to D not to know what he is doing is legally wrong - Windle knew what he was doing was legally wrong and therefore he was not insane