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Crime brief: 15 July 2022

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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