Insanity - internal factor!

• Definition

  • S1 of Criminal Procedure Act 1964
  • 'A defect of reason from a disease of the mind which means that the D does not know of the nature & quality of his act, or does, know it, but not that it is wrong'
  • Based off of the M’Naghten rules 1843
• Sentencing


  Judge has three options:

  1. Hospital order
  2. Supervision or treatment order
  3. Absolute discharge order
• Elements

  1. Defect of reason
  2. Disease of the mind
  3. D doesn't know the nature or quality of act
  4. Or what they were doing was wrong
• Defect of reason

  • Complete loss of reasoning
  • R v Clarke
• Disease of Mind

  • Judge's decision
  • diseases of brain
  • Must affect mind in a 'physical sense'
  • 'Properly affects the functions of the mind' - R v Hennessy
  • R v Kemp
• D doesn't know the nature or quality of the act

  • If in state of unconsciousness or impaired consciousness
  • Or is conscious but doesn't understand act due to medical condition
  • R v Oye
• Disease of mind 2

  • External factors - don't amount to disease of mind (R v Quick)
  • Voluntary intoxication - don't amount to disease of mind (R v Coley)
• Wrong

  • Legally wrong NOT morally
  • R v Windle