header-logo header-logo

15 July 2022 / David Walbank KC
Issue: 7987 / Categories: Features , Procedure & practice , Criminal
printer mail-detail

Crime brief: 15 July 2022

87740
This month, David Walbank QC examines one of the longest established principles of criminal law: the courts’ approach to the concept of insanity
  • Special verdict of not guilty by reason of insanity.
  • Knowledge of wrongdoing but lack of capacity to control actions.
  • No defence of ‘irresistible impulse’.

This month, we are concerned with a human tragedy, which prompted a review of one of the longest established principles of English criminal law. The Court of Appeal (Criminal Division) has recently revisited the so-called M’Naghten rules, which have governed the criminal courts’ approach to the concept of insanity in this jurisdiction since as far back as the mid-19th century. R v Keal [2022] EWCA Crim 341, [2022] All ER (D) 95 (Mar) turned on whether the defence of insanity was available to a psychotic and deluded defendant, who was aware that his acts were wrong but believed himself to be compelled to commit the offences in question.

The background to the case

Jonathan Keal, who was in his early

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll