Insanity

[Flash Card 1 of 2]

• D must prove / on balance of probabilities / insane at time of offence / available all offences which require mens rea
• if successfully argued /special verdict / not guilty by reason of insanity / judge make order (Criminal Procedure (Insanity and Unfitness to Plead) Act 1991)
• M'Naghten rules / require three elements / defect of reason / as result of disease of the mind / causes D not to know nature & quality of his act or it was wrong

Defect of Reason:

• D's reasoning impaired, / inability to use powers of reasoning / not merely failure to do so
• temporary confusion or absent mindedness / not defect of reason (Clarke)

Disease of the Mind:

• legal term / not medical / law concerned whether D can be held liable / not medical condition
• disease of mind must physical / not brought on by external factors / eg drugs
• no express definition / case law developed meaning
• may be sufficient / temporary insanity (Kemp) / reoccurring violent tendencies (Bratty) / sleep disorders (Burgess)
• source of the disease / irrelevant (Sullivan)

bits of law

Insanity

[Flash Card 2 of 2]

Defendant's Knowledge:

• D's disease of mind / must cause D not to know / nature and quality of his act / or his act was wrong

Nature and quality:

• refers to physical character of the act / prove D did not know what he was doing / or appreciate consequences / or circumstances in which acting
• if D can prove did not know nature and quality / D lacks sufficient mens rea

Wrong:

• D may know nature and quality / but not realise it is wrong / so have the necessary mens rea / but because of insanity not realise wrong / can use insanity defence
• if D knew unlawful to kill defence unavailable (Codere) / wrong means contrary to the law (Windle) /difference between legally & morally wrong not recognised
• in Johnson / CoA noted Australian decision / found D could be acquitted even if knew act legally wrong / but believed morally right / CoA highlighted: .. difficulties and internal inconsistencies which can arise from the application of the M'Naghten rules if the decision in Windle is correct... / but bound to follow Windle

bits of law