Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

The attitude of the time is best illustrated in the writings of the noted criminal jurist, Hale, when he stated, metaphorically one hopes, that insanity was no defence unless the defendant resembled a beast rather than a man. It was not until the case of Rex v. Hadfield in 1800 that the modern defence of insanity began to evolve. The defendant in the case thought he had to die in order to save the world. His problem was that as suicide was a mortal sin and as such a sin above all others, he could not kill himself and hope to avoid eternal damnation. He chose instead to fire a shot at the King, which was a capital offence, and it was held that he was not accountable for his actions because of insanity and he was acquitted. History does not record if his disappointment drove him to further despair.

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