Insanity (Insane Automatism)

Insanity (Insane Automatism)

1. M'Naghten (1843)

   • Created the rules for the defence
     • Main rule: every man is presumed to be sane and to possess a sufficient degree of reason to be responsible for his crimes
     • Definition
       • D must be labouring under such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing,or if he did know it, that he did not know what he was doing was wrong
         • Three elements
           • (1) A defect of reason
             • Powers of reasoning must be impaired
               • Clarke (1972) held that the defect must be more than absent-mindedness or confusion
           • (2) Result of a disease of the mind
             • Legal term (not medical)
               • Mental or physical so long as it affects the mind
                 • Kemp (1956): Hardening of the arteries causing moments of temporary loss of conciousness can be sufficient
                 • Sullivan (1984): epilepsy comes within the defence. Lords also ruled that the impairment can be permanent, transient or intermittent
                   • This means that the disease can be of any part of the body provided it has an effect on the mind
                     • Hennessy (1989): high blood sugar levels because of diabetes
                       • Hyperglycaemia. Hypoglycaemia comes under automatism
                     • Burgess (1991): some instances of sleep-walking
                 • Internal cause
           • (3) D doesn't know the nature and quality of his act or that what he is doing is wrong
             • D is either is in a state of unconciousness or impaired conciousness or concious but due to his mental condition he doesn't understand or know what he is doing is wrong
             • If D knows the conduct is legally wrong it can't be used
               • Windle (1952)
               • Johnson (2007)

2. Special verdict

   • Successfully plead defence will see jury return a verdict of not guilty by reason of insanity
     • 1991 Criminal Procedure (Insanity and Unfitness to Plead) Act allows J to impose supervision orders or absolute discharges or a hospital order (with or without restrictions). Prior to the act only the latter was available. However, for murder J must impose an indefinite hospital order. D will only be released with the consent of the Home Secretary