Browsing by Author "Mackay, R."
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Item Embargo An Anatomy of Automatism(Sage, 2015-09-16) Mackay, R.The automatism defence has been described as a quagmire of law and as presenting an intractable problem. Why is this so? This paper will analyse and explore the current legal position on automatism. In so doing, it will identify the problems which the case law has created, including the distinction between sane and insane automatism and the status of the ‘external factor doctrine’, and comment briefly on recent reform proposals.Item Embargo Case Comment R v Golds(Sweet & Maxwell, 2017-02-06) Mackay, R.A critical discussion of the Supreme Court's decision on diminished responsibility in R v GoldsItem Open Access Case Comment: Loake v Crown Prosecution Service(Sweet and Maxwell, 2018-03-12) Mackay, R.A comment on the Administrative Court's decision in Loke v CPS dealing with the scope of the insanity defence when pleaded in a summary trial.Item Embargo Case Commentary: Insanity: R. v Usman Court of Appeal (Criminal Division)(Sweet and Maxwell, 2023-09-20) Mackay, R.A commentary on the Court of Appeal's decision in R v UsmanItem Metadata only Conclusion(Oxford University Press, 2018-07) Mackay, R.; Brookbanks, WarrenItem Metadata only A continued upturn in unfitness to plead - more disability in relation to the trial under the 1991 Act(Sweet & Maxwell, 2007-07-01) Mackay, R.; Mitchell, Barry J.; Howe, LeonieItem Metadata only Criminal and Civil Law for the Psychaitrist in England and Wales(CRC Press, 2013-12) Mackay, R.An account of mental condition defences in England and WalesItem Metadata only Decisional competence and 'best interests' : Establishing the threshold for fitness to stand trial.(Otago Law Review Trust Board, 2010) Brookbanks, W. J.; Mackay, R.the Threshold for establishing fitness to stand trial is in need of reform. A decisional competence limb is needed to broaden the threshold.Item Metadata only The Development of Unfitness to Plead in English Law(Oxford University Press, 2018-07) Mackay, R.Item Open Access Explaining the "explanation" requirement in the new diminished responsibility plea(Sweet & Maxwell, 2021-04-01) Mackay, R.; Hughes, DavidThis article, which complements an earlier article, discusses the “explanation” and “causal” provisions in s.2(1) of the Homicide Act 1957 as amended by s.52(1) of the Coroners and Justice Act 2009. The article explores the provenance of those provisions and suggests that, although a legitimate rationale can be identified for the “explanation” provision, it has been superseded by case law relating to the impairment factors in s.2(1). By contrast, the article argues that there was never a legitimate rationale for the “causal” provisions, that those provisions are unnecessary for achieving the stated policy objective, are unprincipled and, because of the drafting, are difficult to interpret and apply. The article concludes by suggesting that the “causal” provisions, being unnecessary to achieve the policy objective, should be interpreted in a way which as far as is possible limits their application.Item Metadata only Fitness to Plead - International and Comparative Perspectives(Oxford University Press, 2018-07) Mackay, R.; Brookbanks, WarrenAn edited collection which discusses fitness to plead from a comparative and international perspective dealing with a range of different jurisdictions.Item Metadata only The Golds Standard of Substantial Impairment(Sweet and Maxwell, 2015-05-11) Mitchell, Barry J.; Mackay, R.In Golds the Court of Appeal altered the approach to the meaning of the word "substantial" in the new diminished responsibility plea. We argue that this was a mistake which we hope will be recognised by the Supreme Court.Item Open Access The Impairment Factors in the New Diminished Responsibility Plea(Sweet and Maxwell, 2018-06) Mackay, R.A discussion of the impairment factors in the new diminished responsibility plea informed by empirical research.Item Open Access Infanticide and Diminished Responsibility–Reviewing the Relationship(Bloomsbury, 2023-10-19) Mackay, R.The relationship between infanticide and the original diminished responsibility plea was examined in depth by the Law Commission in its work on murder, manslaughter and infanticide. As part of its work, that relationship was investigated in my empirical study commissioned by the Law Commission. The Law Commission concluded that , while infanticide should be left unaltered, diminished responsibility should be the subject of reform. In further exploring that relationship this chapter will consider whether and how infanticide may have been impacted by the changes to the diminished responsibility plea which have resulted in a new plea which is markedly different from its earlier counterpart. In doing so , the chapter will discuss recent cases where both infanticide and the new diminished responsibility plea have been pleaded together as a defence strategy. It will be argued that doing so presents a jury with a complex and difficult task when attempting to reach a verdict. The chapter’s conclusion will suggest a possible solution to assist juries in trials of this type.Item Open Access Insanity and blaming the mentally ill - a critique of the prior fault principle in the Law Commission’s discussion paper(Sweet & Maxwell, 2022-01-01) Mackay, R.; Hughes, DavidIn 2013, the Law Commission published important provisional proposals for replacing the current insanity defence with a new special verdict of “not criminally responsible by reason of recognised medical condition”. Despite the passage of time, the proposals are an important starting point for reforming the defence of insanity. One proposal was that the new verdict, unlike the current defence, should be subject to the prior fault principle. This article takes issue with that proposal. We argue that introducing fault and blame into mental illness is unwarranted. We conclude that instead the focus should be on strengthening the disposals available following the special verdict to ensure that suitable help and support is provided while at the same time enhancing public protection by providing that those who reject the support offered may face the prospect of adverse consequences.Item Open Access The Insanity Defence - International and Comparative Perspectives(Oxford University Press, 2022-12-15) Mackay, R.; Brookbanks, WarrenCompares the theory and practice of the insanity defence in a wide variety of common law and civil law jurisdictions, including England, Wales, Scotland, Germany, France, the Netherlands, Norway, Australia, New Zealand, China, Canada, and the United States of AmericaItem Metadata only The Insanity Defence in English Law(Oxford University Press, 2022-12-15) Mackay, R.This chapter traces the development of the defence of insanity in English law including an analysis of the author's empirical studies into the defence.Item Metadata only The Insanity Defence in Operation(Queen's University Belfast, 2014-07) Mackay, R.An analysis of the author's empirical studies of the defence of insanity including an upodated study of all successful insanity defnces from 2002-2012.Item Metadata only Introduction(Oxford University Press, 2018-07) Mackay, R.; Brookbanks, WarrenItem Metadata only Investigating involuntary manslaughter: An empirical study of 127 cases.(Oxford University Press, 2011-03) Mitchell, Barry J.; Mackay, R.An empirical sudy of 127 involuntary manslaughter cases to investigate how the law operates.
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