R v Kemp [1957]

R v Kemp [1957]

1. Facts:

• D attacked his wife during a blackout caused by arteriosclerosis, leading to a temporary loss of consciousness.

2. Outcome:

• D was found to be insane under the McNaughton rules.

• The court stated that a "disease of the mind" referred to the mental faculties of reason, memory, and understanding, not necessarily a disease of the brain.

3. Impact and Analysis:

• Interpretation of ‘Disease of the Mind’: The ruling broadened the definition to include physical conditions affecting mental faculties.

• Legal Precedent: Set a precedent that mental disorders with a physical basis could fall under the insanity defence.

• Framework for Insanity: Clarified that the focus is on the impairment of mental faculties rather than the physical state of the brain.