Insanity

• Insanity - rules


  M’Naghten

  3 elements:

  -> D must have a defect of reason

  -> this must be a result of a disease of the mind

  -> it must cause the D not to know the nature/quality of his act or that what he was doing was wrong
• Insanity - a defect of reason


  means that the D’s powers of reasoning must be impaired.

  Clarke

  ->If the D is capable of ‘reasoning’ but fails to use these powers then there is no defect of reason
• Insanity - Disease of the mind

  Can be any disease which affects the mind.

  Can include:

  -> arteriosclerosis (Kemp)

  -> epilepsy (Sullivan)

  -> diabetes (Hennessey)

  -> sleepwalking (Burgess)
• Insanity - External factors


  Will be automatism rather than insanity (Quick)
• Insanity - final step

  D does not know the nature and quality of their act or do not know it was wrong (Oye; Windle)