insanity

• Insanity


  D was labouring under such a defect of reason, due to a disease of the mind, as not to know the nature & quality of the act he was doing or that he didn't know it was wrong
• McNaughten rules


  • D suffering from defect of reason
  • Due to disease of mind
  • D doesn't know nature & quality of act or doesn't know it is wrong
• Defect of reason


  • D must be deprived of power to reason, temporary absent mindedness didn't amount to defect of reason
  • CLARKE - absent mindedly placed items in her bag but had no recollection of it, couldn't rely on defence
• Disease of mind


  • Defect of reason must be due to disease of mind
  • This is a legal term, not medical
  • Can be mental or physical disease that affects workings of the mind
  • Disease must arise from internal factor
• Diseases of the mind

  kemp = arteriosclerosis is disease of mind due to blood loss to brain

  - burgess = sleepwalking a disease of mind if no evidence of external factor, internal sleep disorder

  - sullivan - epilepsy a disease of mind

  - hennessy = internal factor of failure to take insulin, so diabetes affect his mind due to high blood sugar (hyperglycemia) = insanity

  - quick = external factor of taking insulin so was automatism (hypoglycemia)
• D mustn't know nature & quality of act (morally wrong)


  Either D in state of unconsciousness or due to condition doesn't understand what he's doing wrong morally (R v Oye)
• D unaware it's legally wrong

  • Originally from Codere when D killed & knew it was unlawful so unable to use defence
  • WINDLE = D knew it was legally and morally wrong, gave suicidal wife 100 aspirins to kill her, words showed he knew it was legally wrong ‘ i suppose they'll hang me for this’