insanity

• M'Naghten


  sets out the 3 elements

  1. a defect of reason
  2. which must be the result of a disease of the mind
  3. causing the D not to know the nature and quality of their act or not to know they were doing wrong
• Clarke (defect of reason)


  absentmindedness or confusion are not sufficient
• R v Sullivan (defect of reason)


  the defect of reason may be permanent or temporary
• Kemp (disease of the mind)


  disease of the mind is a legal term NOT a medical one
• Sullivan (disease of the mind)


  insanity included any organic functional disease
• Hennessy (disease of the mind)


  if the disease affects the mind then it is within the definition of insanity
• Burgess (disease of the mind)


  must be caused by an internal factor
• Quick (disease of the mind)


  if caused by external factor it's automatism
• Coley


  intoxicating substance is an external factor
• R v Oye (not knowing the nature and quality of the act)


  D mustn't know the nature and quality of act
• Windle (not knowing the nature and quality of the act)


  the defendants must prove they did not know what they were doing was legally wrong
• R v Johnson (not knowing the nature and quality of the act)


  D must not know the actions were legally wrong
• caused by internal factors