Lecture notes
Insanity
- Module
- Criminal Law
- Institution
- Queens University Belfast (QUB)
These are my lecture notes on insanity. Case law is used to make critical points on the law in these areas.
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InsanityBasic Reading:
Northern Irish Law is quite distinct in this area so I would recommend only reading the Herring
textbook (or any other English textbook) on the subject if you are curious as to the Law in England
and Wales. Only Northern Irish law on insanity is examinable.
Overview of the Defence
The defence of insanity can arise in 2 ways:
1. A D may claim he was insane at the time of the act. This is when a plea of insanity is raised or
2. D may claim to be insane at the time of the trial. If this is the case then it is necessary to
consider whether the D is unfit to plead.
We will only look at the first situation – where the D claims that he was insane at the time he
committed the act.
Rationale: D lacks rational capacity; he therefore lacks responsibility and is exempted from liability.
Burden of Proof: Presumption of Sanity. Defence must establish on balance of probabilities. s 2
Criminal Justice Act (NI) 1966.
Effect of successful plea: the special verdict – not guilty by reason of insanity.
Definition of Insanity:
Issue of the defendants insanity at the time can be raised in three ways:
1. Defendant straightforwardly claims he or she was insane at the time of the offence.
2. Defendant raises a defence of no mens rea or automatism, but the judge decides that the
evidence discloses a defence on insanity. Judge may then instruct the jury to consider the
issue of insanity.
3. Defendant raises a plea of diminished responsibility then the prosecution is entitle to
rebut the defence by producing evidence of insanity.
A defendant who wishes to plead that he or she was insane at the time of the offence must
demonstrate that he or she was suffering from a defect of reason caused by a disease of the
mind which meant that either:
o He or she did not know the nature or quality of their actions.
o He or she did not know that what they were doing was wrong.
If successful in their plea the defendant will be found ‘not guilty, but insane’.
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