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15 July 2022 / David Walbank KC
Issue: 7987 / Categories: Features , Procedure & practice , Criminal
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Crime brief: 15 July 2022

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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

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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