insanity - capacity defences

What are the M’Naughten rules

The defendant should be presumed sane unless at the time of the offence they were:

Labouring under such a defect of reason

Caused by a disease of the mind

They didn’t know either the nature & quality of the act or, if they did, they didn’t know it was wrong

What is meant by ‘defect of reason’

There needs to be a complete absence of power to reason

What is said in the case R v Clarke

Absentmindedness or confusion is not a defect of reason

What is meant by disease of the mind

Mental or physical disease that affects the mind caused by an internal factor

Case that shows a disease of the mind

R v Quick - cause by an external factor (insulin) so they couldn’t rely on the defence

What is said about voluntary intoxication & case examples

Defence cannot be used as its an external factor

R v Coley

R v Harris

What is meant by the not knowing the nature & quality of the act

They are in a state of unconsciousness or impaired consciousness

Don’t know what they’re doing due to a mental condition

Case examples for not knowing

R v Kemp

R v Burgess

What is said in the case R v Windle

The defendant must prove they didn’t know what they were doing was legally wrong

‘I suppose they’ll hang me for this’

What is the criminal procedure (insanity & unfitness to plead) act 1991

new orders:

Hospital without time limit (mandatory for murder)

Guardianship order

Supervision & treatment order

Absolute discharge

What are 3 problems with the defence of insanity

More modern definition is needed, created in 1843

Legal definition not medical, some should be labelled as insane but are not (R v Bryne)

Physical diseases (diabetes) are considered insane (R v Hennessy)

What are two attempts at reforming the law on insanity

Butler committee 1975 - should be replaced by ‘not guilty on evidence of mental disorder’

The law commission paper 2013 - proposed abolishing insanity & automatism & realigning them