LAWS5004 Final: LAWS5004 The ‘Insanity’ Defence (Mental Illness)v
Document Summary
The (cid:858)i(cid:374)sa(cid:374)ity(cid:859) defe(cid:374)ce (cid:894)me(cid:374)tal ill(cid:374)ess(cid:895) (i) the m(cid:859)naghten rules. The mental health act 1990 provides the defence of mental illness in part 4: mental illness is not defined in the legislation and the elements are derived from the common law m(cid:859)naghte(cid:374) rules. [facts: in 1843 m shot and killed edward drummond, who was secretary to sir robert peel, the then. M apparently intended to kill peel, but mistook drummond for peel. At t(cid:396)ial, a (cid:374)u(cid:373)(cid:271)e(cid:396) of (cid:449)it(cid:374)esses a(cid:374)d fi(cid:448)e (cid:373)edi(cid:272)al spe(cid:272)ialists testified a(cid:271)out m(cid:859)s (cid:858)i(cid:374)sa(cid:374)e delusio(cid:374)(cid:859), a(cid:374)d he (cid:449)as subsequently acquitted by the jury on the grounds of insanity. The accused must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real. [m was confined at beltham hospital until 1864, when he was moved to the new broadmoor institution for the.
