Insanity Recap

Key Points Available for all offences except ones of strict liability Available for all offences except ones of strict liability Key test for Insanity is laid out in M’Naghten Rules 1843: Key test for Insanity is laid out in M’Naghten Rules 1843: It must be clearly proved that at the time of committing the offence: 1Had such a defect of reason from a disease of mind that he did not know what he was doing 2 if he did know what he was doing, he did not consider it wrong.

What happened in M’Naghten? In this case D murdered Edward Drummond who was secretary to a famous politician called Robert Peel. He was trying to kill Peel but missed. The jury found D insane and he was sent to a secure mental hospital. The D at the time thought he was being persecuted by the Tories. In this case D murdered Edward Drummond who was secretary to a famous politician called Robert Peel. He was trying to kill Peel but missed. The jury found D insane and he was sent to a secure mental hospital. The D at the time thought he was being persecuted by the Tories.

Must be a Defect of Reason D must be incapable of reasoning D must be incapable of reasoning Due to a disease of the mind )internal not external cause) Due to a disease of the mind )internal not external cause) Defect must be more than just confusion or forgetfulness (Clarke 1972)-shoplifting Defect must be more than just confusion or forgetfulness (Clarke 1972)-shoplifting

Defect of Reason must be due to Disease of Mind… The disease can be physical or mental disease which can affect the mind. The disease can be physical or mental disease which can affect the mind. In Kemp (1956) D suffering from hardening of arteries which affected supply of oxygen to the brain, which led him to lose consciousness. In Kemp (1956) D suffering from hardening of arteries which affected supply of oxygen to the brain, which led him to lose consciousness. Although D was not medically insane, since his reasoning was affected, the defence of Insanity was open to him. Although D was not medically insane, since his reasoning was affected, the defence of Insanity was open to him. Epilepsy can be disease of mind- Sullivan Epilepsy can be disease of mind- Sullivan

Source of disease is irrelevant can be Organic (epilepsy) or Functional Organic (epilepsy) or Functional Does not matter if disease is permanent or transient and intermittent so long as existed at time of act. Can be disease of any part of body so long as it effects mind and is due to an internal cause. Can be disease of any part of body so long as it effects mind and is due to an internal cause. Epilepsy- Sullivan Epilepsy- Sullivan Diabetes-Hennessey- Quick1973 Diabetes-Hennessey- Quick1973 Sleep walking-Burgess Sleep walking-Burgess Internal the disease effects ability to reason External due to taking too much/too little drugs, blow to head, injury.

Talking Point Read the case of Hennessey and Quick. Why was the defence of insanity available to one defendant and not the other? Read the case of Hennessey and Quick. Why was the defence of insanity available to one defendant and not the other?

D must not know what he is doing D may not know what he is doing when:- D may not know what he is doing when:- In a state of unconsciousness or impaired consciousness In a state of unconsciousness or impaired consciousness Conscious but due to mental condition does not understand or know what he was doing Conscious but due to mental condition does not understand or know what he was doing In Windle (1992), although D was mentally ill, he knew what he was doing was legally wrong, therefore he was found guilty of murder. In Windle (1992), although D was mentally ill, he knew what he was doing was legally wrong, therefore he was found guilty of murder.

Summary D must be labouring under a defect of reason from disease of the mind and must either not know the nature and quality of the act he was doing or not know he was doing wrong-Mcnaughton D must be labouring under a defect of reason from disease of the mind and must either not know the nature and quality of the act he was doing or not know he was doing wrong-Mcnaughton Absent mindedness not enough-Clarke 1972 Absent mindedness not enough-Clarke 1972 Disease of mind-legal not medical Disease of mind-legal not medical Must be internal cause-Kemp 1956 Hennesay 1989 Burgess 1991 Must be internal cause-Kemp 1956 Hennesay 1989 Burgess 1991 Does not need to be permanent- Sullivan 1984 Does not need to be permanent- Sullivan 1984 External cause not disease of mind- Quick External cause not disease of mind- Quick Not know act is legally wrong- Windle 1952 Not know act is legally wrong- Windle 1952 Special verdict-NG by reason of insanity Special verdict-NG by reason of insanity Judge can impose hospital, guardianship, supervision and treatment order or an absolute discharge Judge can impose hospital, guardianship, supervision and treatment order or an absolute discharge

Task Copy out the table on pg 171 Copy out the table on pg 171

Special Verdict If defence of insanity proved the jury return verdict of Not Guilty by virtue of insanity. If defence of insanity proved the jury return verdict of Not Guilty by virtue of insanity. Before 1991 Judge had to send D to mental hospital regardless of cause. Before 1991 Judge had to send D to mental hospital regardless of cause. Criminal Procedure (insanity and unfitness to plead) Act extend Judge power. Can now Criminal Procedure (insanity and unfitness to plead) Act extend Judge power. Can now Hospital order Hospital order Guardianship order Guardianship order Supervision and treatment order Supervision and treatment order An absolute discharge An absolute discharge If charge of murder-must impose indefinite hospital order If charge of murder-must impose indefinite hospital order

Outline problems with Law of Insanity…

Task Copy out the table on pg 173 Copy out the table on pg 173

Case Study Battak is a supporter of Saddam Hussein. Battak has had a history of severe illness. He regularly visits a psychiatrist every Wednesday. Battak is a supporter of Saddam Hussein. Battak has had a history of severe illness. He regularly visits a psychiatrist every Wednesday. For a long time he has held the conviction that Saddam has been unfairly victimised by the media. He has a tattoo of Saddam on his arm. For a long time he has held the conviction that Saddam has been unfairly victimised by the media. He has a tattoo of Saddam on his arm. Last month Battak had a heated debate with a customer at his local takeaway: Copley’s Fisheries. The worker called Nushanana apologised to Battak if the customer caused offence, not knowing that he was a big fan of the late dictator. Two days later when news of Saddam’s execution was being broadcast, Battak walked into Copley Fisheries and stabbed Nushnana in the arm, he was prevented from stabbing her again by co-worker Faika. Battak had a strange expression on his face before and after the attack, he didn’t seem to respond to people around him. Last month Battak had a heated debate with a customer at his local takeaway: Copley’s Fisheries. The worker called Nushanana apologised to Battak if the customer caused offence, not knowing that he was a big fan of the late dictator. Two days later when news of Saddam’s execution was being broadcast, Battak walked into Copley Fisheries and stabbed Nushnana in the arm, he was prevented from stabbing her again by co-worker Faika. Battak had a strange expression on his face before and after the attack, he didn’t seem to respond to people around him. Explain Battak criminal liability and any defences available to him

Problems with Law Mcnaughton rules 1843 Mcnaughton rules 1843 Medical knowledge advanced/changed Medical knowledge advanced/changed Legal definition not medical Legal definition not medical Some people with mental illnesses do not come within it. E.g. Irresistible impulse, psychopaths Some people with mental illnesses do not come within it. E.g. Irresistible impulse, psychopaths Some with none mental illnesses fall within it e.g. hardening of arteries Some with none mental illnesses fall within it e.g. hardening of arteries Justification- internal cause which can recur and possibly be treated Justification- internal cause which can recur and possibly be treated Social stigma Social stigma Proof is on D beyond balance of probability- possibly against human rights Proof is on D beyond balance of probability- possibly against human rights Reform suggested in 1953, which would include irresistible impulses etc would fall within rules. Reform suggested in 1953, which would include irresistible impulses etc would fall within rules. Instead created diminished responsibility-murder only Instead created diminished responsibility-murder only

Quiz For which types of offences can Insanity be used as a defence? For which types of offences can Insanity be used as a defence? Which case provides the rules for allowing defence of insanity? Which case provides the rules for allowing defence of insanity? To successfully raise this defence what must the D show? To successfully raise this defence what must the D show? If D is charged with murder and proves the defence of insanity what sentence must the Judge give? If D is charged with murder and proves the defence of insanity what sentence must the Judge give?