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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 30s, had a history of mental health problems and attention

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

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An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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