To act involuntarily, to not know what they are doing, be unaware what they are doing is wrong, or know it is wrong and cannot stop, or - can think it is the right thing to do due to delusions
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What are some procedural issues?
The burden of proof is on the balance or probabilites
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What makes someone unfit to plead?
If they cannot understand the proceedings, if they cannot challenge jurors, cannot instruct lawyers, or do not understand the charges/understand the difference between being guilty and not guilty
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Who is unfitness to plead assessed by?
Two doctors but the judge to decide initially
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What are the sentencing options?
Guardianship orders, hospital orders, community orders with a mental health requirement, an absolute discharge, a youth rehabilitation order
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What sets out the test for insanity?
M'naghten - the D tride to murder the Prime Minister but was paranoid and suffered from delusions and thought he was being persecuted by the conservatives - was admitted to hospital and died there
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What was the guidance on this?
1) Everyone is presumed sane and responsible for their own crimes unless the contrary is proved 2) If someone wants to plead insanity they must prove that at the time of committing the crime they were suffering from insanity
Kemp - attacked his wife with a hammer due to suffering from arteriosclecrosis
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What is a case example of a nurse?
Quick
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What is a case example on epilepsy?
Sullivan - was known to react aggressively to people trying to help him, he caused gbh to a person but was not guilty
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What is a case concerning drink driving?
DPP v H - the D was a manic depressive but the defence failed because drink driving is a strict liability offence
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What is a case concerning sleep walking?
Burgess - D was staying at their friends house for a sleepover but during their sleep strangled the friend and killed he - but was sleepwalking so was allowed the offence
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What is another case concerning sleep walking?
Thomas - killed his wife in his sleep, no charges
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What is a case concerning hyperglycaemia?
Hennessy - was a diabetic and took a car and was driving without being qualified, he was not guilty
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What happened in Clarke?
The D had depression which made her forgetful, she shoplifted as a result
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What are the criticisms of the M'naghten rules?
The rules are outdated, medical knowledge of disorders has improved, doctors giving evidence are in a difficult situation, rules do not provide a defence for people with impulses
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What are the reform proposals?
The law on insanity should be abolished, certain conditions not qualify, the party must have evidence and the jury shouldn't be responsible for judging on a mental illness
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Other cards in this set
Card 2
Front
What can insanity cause a person to do?
Back
To act involuntarily, to not know what they are doing, be unaware what they are doing is wrong, or know it is wrong and cannot stop, or - can think it is the right thing to do due to delusions
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