Insanity

Question 1

What is the definition of insanity?

Answer 1

M’Naghten case set out the rules of insanity, these are:

1. Suffering from a defect of reason
2. Caused by a disease of the mind
3. Did not know the nature and quality of the act or did not know it was legally wrong.

Question 2

What is a defect of reason?

Answer 2

D must not be able to use their powers of reasoning.
If they have their powers of reasoning but fail to use them cannot be classed as insane.

R V Clarke-

• Charged with theft, and claimed she was suffering from depression which caused her to be absent minded. She could not remember putting things in her basket.
• Conviction was overturned as she still had powers of reasoning but just failed to use them.

Question 3

Why was epilepsy considered an internal factor as seen in the case of Bratty?

Answer 3

• Suffering from epilepsy as a ‘blackness’ came over him. Both insanity and automatism where raised at his murder trial.
• Correct defence was insanity, and is now the only defence for epilepsy.
• Insanity as its disease of the mind therefore likely to continue occurring.

Question 4

What is a disease of the mind?

Answer 4

Does not need to be medically recognised and can be both physical or mental as long as it affects the mind.
- Also must be internal factor, which would make them a continuing danger.

R V Kemp-

• Attacked his wife with a hammer during a blackout caused by a hardening of the arteries.
• Physical not mental but still constituted disease of the mind, as had affected his mind.

Question 5

What is the issue with diseases such as diabetics and sleepwalkers?

Answer 5

These diseases can be regarded as either insanity to automatism depending on the situation.

R V Hennessy-

• Diabetic but hadn’t taken insulin, was driving stolen car.
• Was suffering from hyperglycaemia during the offence, this constituted insanity (internal factor)

R V Burgess-

• Attacked gf while sleepwalking.
• Insanity not automatism as it was an internal factor.

Question 6

What must the defendant not know?

Answer 6

• Do not know the nature and quality of the act.
• Or they must not know that the act is legally wrong.

R V Windle-

• Gave his wife a fatal overdose of medication.
• Said to the police ‘i suppose they will hang me for this’. This proved that he knew it was legally wrong.

Question 7

What does a successful plea of insanity lead to?

Answer 7

D would be not guilty by reason of insanity, and the judge will make a decision on the sentence based on the individual case.

Sentence can be:

• Hospitalisation (murder)
• Supervision order
• Treatment order
• Absolute discharge