Insanity
Insanity
McNaghten: Insanity will succeed of at the time of the offence the defendant was suffering from a defect of reason, resulting for an abnormality of the mind, causing the defendant to not know the nature and quality of his act or to know that what he was doing was wrong.
Defect of reason: This must cause the defendant to have an inability to use their powers of reason, it must be more than confusion or absentmindedness.
Clarke: Held the defendant was not deprived of powers of reason but temporarily absentminded.
Resulting from a disease of the mind: This must be a physical/internal disease that causes a malfunctioning of the brain.
Bratty: Held a disease of the mind is a mental disorder demonstrated by violence and is prone to reoccur.
Kemp: Held the disease of the mind can be temporary, permenant, curable or incurable.
Sullivan: Held epilepsy is caused internally and therefore can be a disease of the mind.
Burgess: Held sleepwalking is caused internally and is therefore a disease of the mind.
Hennessy: Held hyperglycaemia is internally caused and is therefore insanity.
Quick: Held hypoglycaemia is externally caused and is therefore automatism
Nature and Quality: This causes the defendant to not understand the nature and quality of his conduct or that what he is doing is wrong.
Johnson: Held insanity failed as the defendant knew the nature and quality of his conduct.
Extra Cases
Windle: Held it showed he knew the nature and quality of the act and knew it was wrong as he said "I suppose I'll hang for this".
McNaghten: Insanity will succeed of at the time of the offence the defendant was suffering from a defect of reason, resulting for an abnormality of the mind, causing the defendant to not know the nature and quality of his act or to know that what he was doing was wrong.
Defect of reason: This must cause the defendant to have an inability to use their powers of reason, it must be more than confusion or absentmindedness.
Clarke: Held the defendant was not deprived of powers of reason but temporarily absentminded.
Resulting from a disease of the mind: This must be a physical/internal disease that causes a malfunctioning of the brain.
Bratty: Held a disease of the mind is a mental disorder demonstrated by violence and is prone to reoccur.
Kemp: Held the disease of the mind can be temporary, permenant, curable or incurable.
Sullivan: Held epilepsy is caused internally and therefore can be a disease of the mind.
Burgess: Held sleepwalking is caused internally and is therefore a disease of the mind.
Hennessy: Held hyperglycaemia is internally caused and is therefore insanity.
Quick: Held hypoglycaemia is externally caused and is therefore automatism
Nature and Quality: This causes the defendant to not understand the nature and quality of his conduct or that what he is doing is wrong.
Johnson: Held insanity failed as the defendant knew the nature and quality of his conduct.
Extra Cases
Windle: Held it showed he knew the nature and quality of the act and knew it was wrong as he said "I suppose I'll hang for this".
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