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6 Cards in this Set
- Front
- Back
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Difference between a plea of insanity and unfitness to plea |
Plea of insanity is where D claims he was insane at the time of the act whereas if D claims he is insane at the time of trial, it will be necessary to consider whether D is unfit to plea. |
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Rationale for the insanity defence |
D lacks rational capacity; he therefore lacks responsibility and is exempted from liability |
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Burden of proof |
Presumption of sanity-defence must be established on the balance of probability |
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Effect of successful plea |
Not guilty by reason of insanity (special verdict). This used to result in a mandatory and indefinite commitment to a hospital for murder but the law has been amended by the Domestic Violence, Crime and Victims Act 2004 (s24(3)) which now gives the court power to make a hospital order if there if medical evidence that the defendant has a medical disorder and requires treatment under the Mental Health Act 1983. |
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M'Naughten test for insanity |
To establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong |
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What does D have to prove in order to successfully plea he his insane? |
D suffers from a disease of the mind which leads to A defect of reason Which in turn meant that either D did not know the nature and quality of his act or he did not know what he was doing was wrong. |
