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Unit 3 defences: Insanity (2) A disease of the mind (Hennessy: D is…
Unit 3 defences: Insanity
Insanity is a general defence, available to all crimes requiring mens rea. The burden of proof is on the defence.
There must be evidence from 2 medical professionals
Verdict: Not guilty by reason of insanity
The rules on insanity are based on the
M'Naghten rules 1843
which state that there must be...
2) Which is a result of a disease of the mind
3) Causing D not to know the nature and quality of their actions, or not to know what they were doing was legally wrong.
1) A defect of reason
1) A defect of reason
D's power of reasoning are impaired, making the incapable.
If D is capable of reasoning but choses not to, they will not get the defence.
Clarke:
D walked out of a supermarket with items in bag. she claimed it was absentmindedness due to depression. defect of reason does not cover confusion or absent-mindedness
2) A disease of the mind
This can be a
mental or physical
disease as long as it affects the mind
It is a legal term, not a medical disease
Sullivan:
D suffered epilepsy, known t have fits and show aggression to hose who help him during a fit. he injured and 80 year old man during a fit. Epilepsy still affected the mind so it is covered even though its physical.
Hennessy
: D is diabetic. forgot to take insulin for three days. Then seen getting in to a stolen car. D said he had no recollection. This type of diabetes affects the mind and the disease be can any part of the body
Diabetes:
Hyperglycaemia
- gets the defence
Hypoglyccaemia
- doesn't get it
#
Quick
: D had taken insulin but forgot to eat to correct his sugar level. in this time he assaulted v. Could not get the defence as the attack was not caused by a disease of the mind but an external factor of not eating.
Burgess:
Sleep walking can get the defence as it is an internal factor and natural condition that comes from the mind.
Coley
: Voluntary intoxication can not get the defence as the alcohol/drug is an external factor.
Harris
: Voluntary intoxication and alcohol abuse created a disease of the mind. such as hallucinations which is internal.
3) Does not know the nature and quality of their actions
This refers to the physical character of the act.
D must not know that there act is legally wrong, not a question of morals
Codere: D cut his wife's throat thinking it was a loaf of bread. did not know his actions were legally wrong so can have the defence.
Oye
: Threw cutlery at the police station. medical evidence showed he was suffering a psychotic episode. had no idea what he was doing was wrong.
Windle
: Knew his actions were legally wrong when he gave his wife 100 aspirin. Said he would hang for this, indicating knowledge
Bell
: Heard voices from god to run over a holiday camp. Although he thought it was morally right he knew it was legally wrong.
Criminal Procedure ( Insanity and Unfitness to plead) Act 1991 imposes actions judges can take.
Supervision order
Guardianship order
Hospital order - With or without restrictions
If D commits murder they must receive a hospital order
Absolute discharge