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Protecting the Mentally Disturbed Defendant Against Himself

Published online by Cambridge University Press:  03 October 2000

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A Particular problem for English criminal procedure is the defendant on a murder charge who is (to put it crudely) so mad that he believes that he is sane—and instead of running the obvious defences of insanity or diminished responsibility, runs some other defence that seems plausible to him but no one else. In Weekes [1999] 2 Cr.App.R. 520 the Court of Appeal departed from its earlier case law on the subject and pointed the law in what this commentator feels to be a sounder direction.

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Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2000