Defences: Insanity

Fact, cases and comments on Insanity

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  • Created by: Emily
  • Created on: 04-06-14 13:47
P J O R H P H G U S U M T A O C V T Y N F
M L G P M V P M E J Y Y N T U B N O Q C G
D E F I N I T I O N O F I N S A N I T Y E
O C G V E R D I C T S Y O T Q I O G O V C
R B V D I S E A S E O F T H E M I N D X M
T J E K H H X A C G Y M G T D G E U X R X
T M P R O P O S A L S F O R R E F O R M O
S P M R L F B O L G S L A E H G D G B L Y
U F Y V M H U Q H S L E G U A R G H I P J
T W W M M B O R D O T Q B I B P V J Y C D
I J H L T I O K A G L U A Y G U E U N Y B
S B U R D E N O F P R O O F M U L R H K F
U A T K N H J A V K D Y F T R I W L Y G S
F O H P P V X U S Q Q P R A K B C L B S G
A I F E X T E R N A L F A C T O R S Y B X
Q A R H I P H K G E Y O F Y W R A Y A M E
M S D C R Q P P P G F P M P P O K F E W O
V R D W N E R G E P Y P B C A P B L K O R
H T C D O K E V X N G R N N T P D E N N U
F U F C M E D A O E N Y H R H M F Y Q V Y
R B B G L N S G X M V Q K V D I Q F X X F

Clues

  • The burden of proof is on the defence who must prove it on the balance of probabilities. (6, 2, 5)
  • The defendant must be "labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong." (10, 2, 8)
  • The general thrust of proposals have been towards modernising the language of the defence in order to align it more closely with the current medical understanding of mental disorder. Insanity is currently being looked at by the Law Commission. (9, 3, 6)
  • This is a legal term, not a medical one. The disease can be a mental or physical disease which affects the mind. (7, 2, 3, 4)
  • Where a defendant is found to be insane, the verdict is "not guilty by reason of insanity". (7)
  • Where the cause of the defendant being in state where he does not know what he is doing is not a disease of the mind but an external cause, then it is not insanity. (8, 7)

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