Insanity

Question 1

Define Insanity

Answer 1

Insanity is a defence to any crime based on M’Naghten Rules.
D was suffering from a defect of reasoning caused by a disease of the mind

Question 2

What is the Structure when answering on Insanity

Answer 2

• Defect of Reason
• Caused by a disease of the mind (internal cause)
• So that D did not know: The nature and quality of the act, or that the act was legally wrong.

Question 3

Explain Defect of Reason and give a case

Answer 3

• D must be deprived of the ability to reason, not just confusion or absent-mindedness
  R v Clarke: D was absent-minded, not a defect of reason

Question 4

Explain Disease of the mind

Answer 4

• Legal (not medical) condition caused by an internal factor that affects the functioning of the mind. (Not External)

Question 5

Give a case of an Internal Cause where Insanity Applies

Answer 5

R v Sullivan: Epilepsy = disease of the mind (Temporary Condition allowed)

Question 6

Give a case of an External Cause where Insanity doesn’t apply

Answer 6

R v Quick - Hypoglycaemia caused by insulin = external -> automatism instead

Question 7

Explain Not knowing Nature and Quality OR Wrongness

Answer 7

• Not know Nature and Quality: D does not understand what they are physically doing
• Not know Act was Wrong: “Wrong” = legally wrong

Question 8

Give a case where the D knew the act was illegal

Answer 8

R v Windle - D knew act was illegal -> not insane.