Criticisms of Defences

• Intro
• Insanity developed from M'Naghten
• Defect of reason from a disease of the mind that causes the D to not understand the nature and quality, not understand that what he did was illegal
• Law Commission Insanity and Automatism 2013

Definition of Insanity

• Legal definition not medical
• Words like defect of reason and disease of the mind have no relevance to doctors
• People can be deemed insane that we would not reasonably see as insane
• Diabetes - Hennessy
• Hardened arteries - Kemp
• Butler Committee suggested not guilty by reason of medical disorder

Burden and Standard

• There is a reversal from the normal BAS
• Goes against article 6 of the European Convention of Human Rights
• D is innocent until proven guilty
• Butler Committee - jury should not have to decide insanity

Legally insane without mental illness

• Diabetics - Hennessy
• Hardened Arteries - Kemp
• Sleepwalkers - Thomas
• suggests these people are a danger to the public
• Most can control their illness with medication
• Law may not need to intervene

Nature and Quality

• Sutcliffe
• Windle
• Byrne
• Those who the defence is aimed at are unable to use it

Position of Diabetics

• Sullivan - insanity
• Quick - Automatism
• Quick got a complete defence whereas Hennessy got a hospital order for insanity

Social Stigma

• Bad enough labelling mental disorders as insane
• Inappropriate to name diabetics etc this way
• Only 30 pleas a year
• Large…