Insanity

Insanity

1. Special verdict: Not guilty by reason of insanity

2. M'Naghten Rules established in 1843

3. (1) Defect of Reason

   • D is not capable of reasoning at all
   • Clarke 1972

4. (2) Disease of Mind

   • Caused by an internal factor which includes physical factors
     • Kemp 1956
       • Hardening of arteries which led to lack of supply of blood to brain -> temporary loss of consciousness that caused him to attack wife with hammer. Charged with s.20 but found not guilty by reason of insanity
   • Sullivan 1984
     • An epileptic who attacked his 80 year old neighbour during a fit.
   • Hennessy 1989
     • D was a diabetic who hadn't taken insulin in 3 days and was seen getting into a stolen car, although he had no recollection of taking it or driving it
   • Burgess 1991
     • D was a sleepwalker who attacked girlfriend in his sleep. Jury allowed defence of insanity

5. (3) D not knowing the nature & quality of the act or not knowing that is wrong

   • Windle 1953
     • "I suppose I will hang for this" which meant that D knew his actions were legally wrong.
   • Johnson 2007
     • D suffered from paranoid schizophrenia who understood the nature & quality of the act and that they were legally wrong