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• M’Naghten’s Case (1843) 10 Cl & Fin 200
• Everyone is presumed sane and to possess a sufficient degree of reason to be responsible for his actions until the contrary is proved.
• ‘To establish a defence of insanity it must be clearly proved that at the time of the committing of the act, the accused was labouring under such a defect of reason, from disease of the mind, as (a) not to know the nature and quality of the act he was doing; or (b) if he did know it, that he did not know he was doing what was wrong.’
The M’Naghten Rules
• ‘Disease of the mind’:
• Legal term: no psychiatric meaning
• Lord Diplock in R v Sullivan [1983] 2 All ER 673:‘... “Mind” in the M’Naghten Rules is used in the ordinary sense of the mental faculties of reason, memory and understanding. If the effect of a disease is to impair these faculties ... it matters not whether the aetiology of the impairment is organic ... or functional, or whether the impairment itself is permanent or is transient and intermittent, provided it subsisted at the time of the commission of the act.’
• What counts as a disease of the mind?
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