To establish a defence of insanity at common law it must be shown that the accused did not know that what he was doing was contrary to law. The McNaghten rules are not limited to cases in which the accused is suffering from delusions but apply in all cases of insanity, whatever may be the nature of the insanity or disease of the mind from which the accused is suffering.
Lord Goddard CJ said: ‘As I endeavoured to point out in giving the judgment of the Court in R v Rivett, in all cases of this kind, the real test is responsibility. A man may be suffering from a defect of reason, but if he knows that what he is doing ‘wrong’, and by ‘wrong’ is meant contrary to law, he is responsible.’
Judges:
Lord Goddard CJ
Citations:
[1952] 2 All ER 1, [1952] 2 QB 826, 1952) 36 Cr App R 85
Jurisdiction:
England and Wales
Cited by:
Cited – Keal, Regina v CACD 18-Mar-2022
Insanity Plea not for D believing he had no choice
The court was asked whether the defence of insanity would be available to a psychotic and deluded defendant who was aware that his act was wrong, but believed himself compelled to perform it. The defendant, with a history of mental problems, had . .
Lists of cited by and citing cases may be incomplete.
Crime
Leading Case
Updated: 14 April 2022; Ref: scu.545138