![]() ![]() The defence is only available to defendants charged with offences that require mens rea, ie, crimes which are not strict liability offences ( DPP v H (1997)). If the defence is successful, then under s 2(1) of the Trial of Lunatics Act 1883, the verdict to be returned by the jury is ‘not guilty by reason of insanity’. It is usually a matter for counsel for the defence to raise the issue of insanity, though in R v Dickie (1984) it was held that the trial judge may raise the issue and leave it to the jury, after consideration of all the evidence, to decide whether the accused is insane. The defence is proved on a balance of probabilities. to successfully plead insanity, it must be clearly proved that at the time of committing the act the defendant was labouring under such a defect of reason, from disease of the mind, so as not to know the nature and quality of the act they were doing or, if they did know it, that they did not know what they were doing was wrong.every defendant is presumed sane unless the contrary is proved.The acquittal caused some controversy, so the House of Lords asked a panel of judges to review the law governing insanity. M’Naghten was charged with murder but acquitted on the grounds that he was insane. Instead, he shot Peel’s secretary, who died a few days later. M’Naghten tried to assassinate Sir Robert Peel, the then British Prime Minister. The leading case concerning insanity as a defence to a criminal charge is R v M’Naghten (1843). Insanity as a criminal defence The M’Naghten rules ![]() ![]() Read the terms and conditions for using the .uk website. Our yearly student nurse recognition award.įind out how we handle your personal information. Get in touch with us if you want to discuss anything related to the .uk website. Get information on how to make a claim after suffering a personal injury.įind out more about the history of .uk and what we do. What should you look for in a lawyer? Our guide will give you information on the accreditations and professional bodies to look out for. Get an overview of the claims process, and if you still have any questions, check out the most common questions below. We explain how fees, solicitors and compensation work. Find out how No Win No Fee offers a risk free way to pursue a claim. ![]()
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