Seanad debates
Wednesday, 19 February 2003
Criminal Law (Insanity) Bill 2002: Second Stage.
The test for the verdict of guilty by reason of insanity in section 4(1)(b) is almost identical to that proposed in the Digest of Criminal Law by Sir James Stephen. In Doyle v. Wicklow County Council [1974] IR 55, the Supreme Court effectively accepted the defence as stated in section 4(1) (b)(iii) while also accepting the M'Naghten Rules in section 4(1)(b) (i) and (ii). It is arguable that section 4 merely restates the current Irish position on the law. Should the law not have been adapted rather than restated? I accept what the Minister said in his report concerning a third factor in regard to this.
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