Insanity Defence

Insanity Defence

1. Elements of Insanity (M'Naghten)

   • iii.) Did not know nature/quality of act
     • D did not know what he was doing
     • Windle: D knew quality of act- getting hanged for this
   • i.) Defect of Reason
     • Definition: Inability to use powers of reason.
       • Must be more than confusion
     • Clarke: D did not choose to use defence, temporary absent-minded isn't insanity
   • ii.)Disease of the Mind
     • Disease caused malfunctioning of mind.
     • Kemp: Arteriosclerosis caused lapses of consciousness= Insanity
     • Bratty: Psychomotor epileptic seizure= Insanity
     • Sullivan: Minor epileptic fit= Insanity + Internal Factor
     • Burgess: Sleepwalking can be Insanity

2. Definition: The D must prove that he was insane at time of offence.

   • Stated by Judge as "not guilty by reason of insanity"
   • 1991 Criminal Procedure Act- Judge must send D to:
     • Mental Hospital
     • Guardianship Order
     • Supervision order
     • Absolute Discharge