Insanity

M'Naghten Rules
1. everybody is presumed to be sane
  1. The defendant must show on a balance of probabilities that this is not the case
4~ does not know that his act is wrong
1. Windle
  1. 'I suppose they'll hang me for this'
2~ Disease of the Mind
1. (a malfunctioning of the mind)
2. Kemp
  1. 'any mental or physical illness affecting reason, memory or understanding'
    1. Sullivan
      1. epilepsy
    2. Burgess
      1. sleep disorders
    3. Hennessy
      1. diabetes
1~ Defect of Reason
1. R v Clarke
  1. 'deprived of the power of reasoning'
    1. not simply confusion or absent mindedness
2. Sullivan
  1. the source of the disease does not matter
    1. permanent, transient or intermittent defect of reason
3~ Does not know the nature of his act
1. ' in a state of unconsciousness or impaired consciousness'
2. 'conscious but due to his mental condition does not understand or does not know what he is doing'
3. Codere
  1. cut wife's neck thinking it was a loaf of bread

Resource summary

	Created by annbelltrouser over 9 years ago