Insanity

• Intro = If successfully pleaded classed as a special verdict of ' not guilty by reason of insanity'

  Under Criminal procedure act judge can

  1. impose a hospital order
  2. order a suspension order
  3. give absolute discharge
• defect of reason = Definition ' Defendants powers of reasoning must be impaired'
• Defect of reason must be more than confusion or absentmindedness ( Clarke )
• disease of the mind = definition ' A legal term, can be a mental disease or a physical disease which affects the mind '
• must be an internal factor ( Kemp )
• Doesn't matter where the disease comes from or if it is permanent, can be any part of the body as long as it effects the mind ( Sullivan )
• sleepwalking may fall within the definition of insanity ( Burgess )
• Diabetes - internal ( Hennesy ) - defence

  diabetes - external ( quick ) - no defence
• voluntary intoxication is not internal, no insanity ( Coley )
• Does not know nature or quality = two ways that this can happen

  1. unconsciousness
  2. conscious - medical issue not understanding
• Defendant not knowing the nature or quality of his act ( Dye )
• If defendant know that there act is legally wrong then they do not get the defence ( Hindle/ Johnson )