"Nature", "Quality" and Mens Rea - Some Observations on "Defect of Reason" and the First Limb of the M'Naghten Rules
This article discusses both “defect of reason” and the first limb of the M’Naghten Rules in order to explore the relationship of both to that of general mens rea. In doing so it explores some cases from one of my empirical studies in an attempt to discover more about the application of the first limb and to inquire why these cases came to be dealt with under the Rules rather than simply as ones where D might have been acquitted due to a lack of mens rea.
The file attached to this record is the author's final peer reviewed version.
Citation : Mackay, R. (2020) "Nature", "Quality" and Mens Rea - Some Observations on "Defect of Reason" and the First Limb of the M'Naghten Rules. Criminal Law Review, 7, pp.585-593.
ISSN : 0011-135X
Research Institute : Institute for Evidence-Based Law Reform (IELR)
Peer Reviewed : Yes
- Department of Law