INSANITY

• Who set the rules for insanity?

  M’Naghten Rules
• For what offences can you use the defence of insanity?

  All offences except strict liability
• What factors are insanity used for?

  internal
• What is the standard of proof?

  Balance of probability
• What is the sentence for insanity?

  Hospital order (most of the time) but could be anything
• What is the verdict?

  Not guilty by reason of insanity
• What is the 1st rule of insanity?

  A defect of reason - the D’s powers of reason must be impaired

  mere forgetfulness is not enough - Clarke
• What is the 2nd rule?

  disease of the mind - mental or physical that affects the mind

  Kemp - must impact the mind not brain

  Sullivan - epilepsy comes within the rules of insanity
• What is the 3rd rule?

  This caused the D to not know the nature and quality of his act: physical act (actus reus)
• 1. State of unconsciousness 


  Kemp - hardening of arteries

  Burgess - sleepwalking

  Hennessy - not taking his insulin
• 2. Not aware it is legally wrong 


  Windle - ‘I suppose they will hang me for this’ - he knew his actions were legally wrong