Insanity

What is the M’Naghten Rule in Insanity?

* Everyone’s presumed sane
* To disprove, this, D must be “suffering from a defect of reason caused bt a disease of the mind”

What does it mean to Suffer from a Defect of Reason?

Inability to use powers of reason rather than just failing to use powers of reason

R v Clarke

Someone who is confused or absent minded is not insane

What is a Disease of the Mind?

* Malfunctioning of the mind
* Can be permanent or temporary
* Must have internal cause

R v Kemp

Arteriosclerosis can be a disease of the mind

R v Bratty

Psychomotor epileptics seizures can be a disease of the mind

R v Burgess

Sleepwalking can be a disease of the mind

R v Codere

D must not know the nature and quality of their act

R v Windle

D must not now what they were doing is wrong