Insanity

What case contains the legal definition of Insanity?

McNaughton (1843)

McNaughton (1843)

• Facts - D suffered from extreme paranoia and believed the government were trying to persecute him. He shot the PM but it accidentally killed his assistant.

• Principle - He was found not guilty given his mental condition, he was sent to his mental institution. Established the McNaughton rules.

What are the McNaughton rules:

• Everyone is presumed to be sane, therefore D has the burden of proving otherwise.

• A person is legally insane if the defect of reason arises from a disease of the mind, so as not to know the nature or quality of his act. Or, if he did know, he mustn’t know that it is wrong.

What does disease of the mind mean?

A person can be medically insane but still not have a legal defence and vice versa.

Kemp (1956)

• Facts - D had a hardening of the arteries which reduced blood to the brain. During a fit, he attacked his wife with a hammer. He was not guilty of S20 as his physical condition affected his mental.

• Principle - Insanity has to include a malfunctioning of the mind caused by an internal permanent factor.

Sullivan (1983)

• Facts - D suffered an epileptic fit and he showed aggression.

• Principle - The source of the disease does not matter provided it is internal. It does not matter whether the effect is intermittent provided it gives rise to a permanent condition.

Hennessey (1983)

Facts - D was diabetic and had not taken insulin for 3 days. During this, he took a car without consent.

Principle - Diabetes affects the mind and is internal so it constitutes insanity.

Burgess (1991)

Facts - D attacked his girlfriend after falling asleep.

Principle - Sleepwalking was an internal disorder that affects the mind - so it was Insanity.

When can sleepwalking not be classed as Insanity?

If it is due to an external cause such as drinking alcohol - that might then be automatism.

Quick (1973)

Facts - D was diabetic and had taken insulin but not eaten sufficient food. He then attacked a patient.

Principle - It was not insanity as taking insulin was an external cause - more likely to be automatism.

What does defect of reason mean?

That D’s power of reasoning must be impaired - A TOTAL DEPRIVATION of reasoning power.

Clarke (1972)

Facts - D took items from a shop and argued she forgot to pay due to diabetes.

Principle - Guilty because she was not deprived of reasoning powers, she was simply confused.

What does it mean if D does not know the nature and quality of his act?

It means that D does not know the physical characteristics of his act.

What examples were given in Codere (1916)

• Cutting a throat thinking it was a loaf of bread.

• Squeezing a throat thinking it was an orange.

• Throwing a baby into a fire thinking that it was a log.

Oye(2013)

Facts - D was behaving oddly at a cafe and then attacked the police. He said he thought the police were demons and evil spirits.

Principle - D can suffer from Insane delusions and use the defence of insanity.

What does D knows what he was doing, but did not know it was wrong actually mean?

That D did not realise that it was legally wrong

Windle (1952)

Facts - D’s wife nagged D to kill her. D did. He gave himself up and said “I suppose they will hang me for this”.

Principle - The words he used proved that he knew he had done legally wrong. He was guilty of murder.

What is the special verdict?

If D is successful in pleading insanity, the jury must return this not guilty verdict. The judge can then impose 3 solutions.

What 3 solutions are available to the judge by way of special verdict:

• A hospital order

• A supervision order

• An absolute discharge