M'Naghten's Case
1843 · 10 Cl & F 200
Posted By lanbuk.com
- Facts
- Daniel M'Naghten shot and killed Edward Drummond, private secretary to Sir Robert Peel, in Whitehall. He believed Drummond was Peel, and that the Tories were persecuting him. He was on the ground of insanity. The House of Lords put questions to the judges on the law that should govern such a defence.
- Issue
- What must be proved before a jury may acquit on the ground of insanity?
- Held
- The judges answered that every person is presumed sane until the contrary is proved. It must be shown that, at the time of the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act, or, if he did know it, not to know that it was wrong.
- Principle
- Insanity is a on the accused. It is proved within these rules, on the .
- Why it matters
- It is the common-law exception to Woolmington. Sodeman confirms the standard. The prosecution still proves every other ingredient .
Words and Latin in this note
- Balance of probabilities
- The standard of proof in civil cases, and the standard when an accused bears a legal burden: the court asks whether something is more likely than not to have happened. Open the note.
- Beyond reasonable doubt
- The high standard of proof in criminal cases: the prosecution must prove guilt so that the tribunal is sure. It is short of certainty, and it is not a mere shadow of a doubt. Open the note.
- Legal burden
- The obligation to prove a fact to the required standard, or lose on that issue. In crime it is on the prosecution, beyond reasonable doubt, except for insanity and a statutory exception, which the accused proves on the balance of probabilities. Open the note.
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