Seanad debates

Wednesday, 19 February 2003

Criminal Law (Insanity) Bill 2002: Second Stage.

 

Senator Ryan raised the question of the Catholic distinction between the guilty act and the guilty mind. We were taught the Latin phrase "Actus non reum facit, nisi mens sit rea" in law school, which means that the act does not make one guilty unless one's mind is guilty. This is an important distinction. Many people are now pressing for things to be done in respect of corporate manslaughter, for example, and pressing for our courts to be made into areas of social theatre where the guilty mind is not relevant. The principle that the existence of a victim requires the prosecution of a perpetrator is not at the heart of our system, and I sometimes think we ignore that at our peril.

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