"Nature", "Quality" and Mens Rea - Some Observations on "Defect of Reason" and the First Limb of the M'Naghten Rules

Date

2020-07-01

Advisors

Journal Title

Journal ISSN

ISSN

0011-135X

DOI

Volume Title

Publisher

Sweet & Maxwell

Type

Article

Peer reviewed

Yes

Abstract

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.

Description

The file attached to this record is the author's final peer reviewed version.

Keywords

Insanity Defence, N'Naghten Rules, Mens Rea

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.

Rights

Research Institute

Centre for Law, Justice and Society