insanity (capacity)

• What is the defence of insanity governed by?

  M’Naghten Rules
• what are the M’Naughten rules?

  • D suffering from a defect of reasoning.
  • caused by disease of mind.
  • caused by internal factor.
  • D doesn’t know nature and quality of act or doesn’t know what they’re doing is wrong.
• What is the case that says D must be suffering from a defect of reasoning?

  R V Clarke

  not just a mere moment of absent mindedness.
• What is the case that says sleepwalking is a disease of the mind?

  Burgess
• What case aays epilepsy is a disease of the mind?

  Sullivan.
• What did the case of ’Quick’ say?

  D suffering from hypoglycaemi, is an external factor so cannot be used for insanity.
• What is the Oye case?

  D doesn’t know the nature and quality of the act.
• What is the Windle case saying?


  D doesn’t know what they are doing is wrong.
• Is this a full defence?

  No, gives a special verdict of not guilty and could give a hospital order, absoloute discharge.