Insanity

• Where is insanity defined?

  M'Naughten
• What is insanity defined as?

  The defendant must prove that at the time of the offence he was labouring under such a defect of reason, arising from a disease of the mind, that he did not know the nature and quality of the act he was doing OR if he did know it, that he did not know what he was doing was wrong
• What is the first element of insanity?

  Labouring under a defect of reasoning
• What is the second element of insanity?

  Arising from a disease of the mind
• What is the third element of insanity?

  Did not know the nature and quality of the act OR if he did know it, that he did not know that what he was doing was wrong
• According to s2 of the Trial of Lunatics Acts 1883, what is the consequence of a successful insanity verdict?

  'Not guilty by reason of insanity'
• What is 'labouring under a defect of reason'?

  Being deprived of the power to reason, not just failing to use it
• What does 'labouring under a defect of reason' NOT include as stated in R v Clarke?

  Absentmindedness (forgetfulness) or being confused
• What case states 'labouring under a defect of reason' does NOT include absentmindedness or being confused?

  Clarke
• What is 'arising from a disease of the mind'?

  A legal term not a medical one - broad definition covering organic or functional, permanent or transient (short-term) and intermittent issues
• What must the disease of the mind in 'arising from a disease of the mind' be caused by according to Coley and Kemp?

  An internal factor, existing at the time of act
• According to Burgess, what is a disease of the mind?

  Sleepwalking
• Which case states sleepwalking can be a disease of the mind?

  Burgess
• Which case tell us that the disease of the mind must be caused by an internal factor?

  Coley
• Which case tells us that an external factor cannot cause a disease of the mind?

  Quick
• Which case tells us that an internal factor (diabetes) can cause a disease of the mind?

  Hennessy
• What does the case of Hennessy tell us about 'arising from a disease of the mind'?

  An internal factor can cause a disease of the mind
• What is 'did not know the nature and quality of the act ...' according to Oye?

  Means the physical nature and consequences, not the moral quality of the act - defendant is dellusional
• Why might the defendant not know the nature and quality of his act?

  May be due to a state of unconsciousness or impaired unconsciousness, or a lack of understanding/awareness due to a medical condition while conscious
• According to Windle, when will the defence of insanity fail for '... that he did not know what he was doing was wrong'?

  If the defendant understood their actions were legally wrong
• Which case tells us that the defence will fail if the defendant understood their actions were legally wrong for?

  Windle
• What case tells us that 'did not know the nature and quality of the act' means the physical nature and consequences?

  Oye
• What section of the Trial of Lunatics Acts 1883 tells us that special verdict of not guilty by reason of insanity will be found?

  s2
• What are the three elements for insanity?

  Labouring under a defect of reason

  Arising from a disease of the mind

  Did not know the nature and quality of the act

  OR

  If he did know it, that he did not know what he was doing was wrong
• What does Coley tell us a disease of the mind must be caused by?

  An internal factor
• What does Quick tell us about a disease of the mind?

  An external factor cannot cause a disease of the mind
• Which case tells us that insanity is available to anyone with the mens rea of the full offence and satisfies the M'Naghten rules?

  Loake
• According to Loake, who is insanity available to?

  Anyone with the mens rea of the full offence and satisfies the M'Naghten rules
• What is the sentence for murder under s24(1)(3) of the Domestic Violence, Crime and Victims Act 2004 with a successful defence?

  Indefinite hospitalisation
• For all offences except murder, what are the three disposal options for insanity under s5 of the Criminal Procedure (Insanity) Act 1964?

  Hospital order

  Supervision order

  Absolute discharge
• What section of the Domestic Violence, Crime and Victims Act 2004 tells us that the sentence for murder with a successful defence is indefinite hospitalisation?

  s24(1)(3)
• What section of the Criminal Procedure (Insanity) Act 1964 are the three disposal options for insanity contained?

  s5
• What is insanity also known as?

  Insane automatism