Insanity Essay Model Answer

• The defence of insanity is potentially available to X if he/she claims that he/she did not know what he/she was doing. A person is legally insane if they suffer from a disease of the mind causing a defect of reason so that they do not know the nature and quality of their act or that it was wrong in law, M'Naghten Rules 1843. X must raise this defence and has to prove he/she is insane on the balance of probabilities.
• A defect or reason means that the defendant's ability to make sensible and logical choices (their powers of reasoning) is impaired (limited). As shown by R v Clarke (1972), there must be some actual deprivation of the powers of reasoning, not just absent mindedness, confusion or simply failing to use their powers of reasoning.
• The defect of reason must come from a disease of the mind. In Bratty, Lord Denning defined a disease of the mind as 'any mental disorder which has manifested itself in violence and is prone to recur.' A disease of the mind is a legal rather than a medical definition and means a malfunctioning of the mind (must have an effect on the brain) arising from an internal condition. Case law has confirmed either physical (Kemp) or mental conditions can amount to a disease of the mind and it can be permanent, temporary (transient), curable or incurable.
• X must establish that the disease of the mind left them unable to understand the nature and quality of their actions; R v Oye. In R v Codere, it was held that this refers to the physical nature of the act committed, essentially do they understand what they have actually done?
• *look out for the d suffering from delusions or lack of consciousness*

  Did they know what they were doing

  Did they appreciate the consequences of the act

  Did they appreciate the circumstances they were acting in
• Alternatively, the defendant must not know that the act was illegal; in R v Windle (1952), this was held to mean legally rather than morally wrong.
• In conclusion, D can/cannot successfully meet the criteria for the defence of insanity. (If the D can...) As X can prove this defence, he/she will be found not guilty by reason of insanity. This special verdict gives the court discretionary sentencing powers from the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 which could include a hospital treatment, supervision order or absolute discharge. If the d is on a murder charge, the only possible sanction is an indefinite hospital order.