• Created by: __Jess
  • Created on: 14-06-22 19:14

Criteria for insanity

  • A defect of reason.
  • Arising from a defect of mind.
  • So that they did not know the nature and quality of their act OR
  • They did not know what they were doing was wrong.
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Defect of reason

  • A temporary distraction or absentmindedness will not suffice.
  • R v Clarke
    • D stole goods from a supermarket and said she was absentminded at the time due to depression. This is not sufficient.
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Disease of the mind

  • A legal definition, not a medical definition.
  • Defined in R v Sullivan.
    • D kicked a man when he was having an epileptic fit. Epilepsy is an internal factor, and thus, a disease of the mind.
  • A disease of the mind is a disease affecting the mental faculties of reason, memory and understanding, and cannot arise from an external cause.
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Nature and quality of an act

  • The defendant must be able to recognise what they were physically doing and what the physical consequences would be.
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Wrongful act

  • Does the defendant know that their actions are legally wrong, not morally wrong.
  • R v Windle.
    • On being arrested, the D said "I suppose I'll hang for this." This showed that he knew his actions were legally wrong.
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