Insanity

When is insanity available

On all offences (except strict liability)

Burdon of proof

Legal presumption of sanity so:

Where D pleads insanity:

• BOP is on D

• On a balance of probabilities

Consequence of successful insanity plea

Special Verdict - NG by reason of insanity

Result is of verdict (at judge’s discretion):

• Indefinite detention in mental hospital (justified by medical evidence) or

• Hospital order or

• Supervision Order or

• Absolute Discharge or

Consequence of successful insanity plea

Source (AO3)

Criminal Procedure (Insanity) Act 1964 s.1

Leading Case on Insanity

Case (AO3)

(M’Naghton)

D intended to murder Sir Robert Peel, but killed his secretary instead. Acquitted on grounds of insanity

M’Naghten Rules 1843 (Confirmed in [R v Sullivan])

Rules (AO1)

D is legally insane where:

1. He suffers a defect of reason

2. Caused by a disease of the mind

3. So that either:

   • He did not know the nature and quality of his act or

   • He did not know that what he was doing was wrong

D must prove all 3 factors on balance of probabilities to the jury

Defect of Reason

Definition (AO1)

D’s disease of the mind made him incapable of exercising powers of reasoning (Powers of reasoning are impaired) - Must be more than mere absent-mindedness / Lack of concentration

Anything affecting memory, reasoning, understanding

Defect of Reason

Case (AO3)

(R v Clarke)

D placed supermarket items in bag and left without paying. Claimed from suffering from absent mindedness due to depression. Held that absent mind was not sufficient for insanity.

Disease of the Mind

Definition (AO1)

“Any disease which produces malfunctioning of mind”

Also “Any mental disorder which has manifested itself in violence and is prone to recur is a disease of the mind” (Bratty)

(i.e. affects reason / memory / understanding) (R v Sullivan)

Whether D suffering from disease of mind = question of law for judge to decide (R v Kemp)

Disease of the Mind

Case (AO3)

(R v Sullivan)

D suffered from a minor epileptic seizure when he attacked V. D did not know what he was doing. Held that insanity can be “Permanent, Transient or Intermittent”

Disease of the Mind

Examples (AO2)

Epilepsy (R v Sullivan) / Arteriosclerosis (R v Kemp) / Brain tumor / Bipolar disorder / Sleepwalking (R v Burgess) / Diabetes (R v Hennessey) / Schizophrenia

Consider - Test for disease of mind: Must be caused by internal factor. (External = Automatism)

Disease of mind arising from physical condition instead of mental

Case (AO3)

(R v Kemp)

D suffered from arteriosclerosis (slowness of the arteries). Caused a congestion of blood in his brain meaning he was not conscious at time of attacking his wife. Held that disease of mind may arise from a physical cause.

D did not Know: Nature and Quality of Act

Definition (AO1)

D must prove:

• Did not know what he was doing was physically wrong

  AND

• Did not know what the physical consequences of his actions would be

i.e. Lack of consciousness or consciousness but D doesn’t understand / know what he’s doing

(Clues that D knew what he was doing include reason for actions or motive)

D did not Know: Nature and Quality of Act

Case (AO3)

(R v Codere)

D did not Know: His Act was wrong

Definition (AO1)

D did not realise his act was legally wrong

(Wrong means Illegal)

D did not Know: His Act was wrong

Case (AO3)

(R v Windle)

D commented on likelihood of being hung - so knew was legally wrong