THE lawful natural environment OF BUSINESS

The Legal Environment of Business

The Legal Environment of Business

Mens Rea

In criminal law, insanity is a defense that arises from a claim that the perpetrator was acting under the influence of an 'internal' derangement of the mind.

The definition s set out in rules arising from M"Naghten"s Case 1843 where it was held

every man is to be presumed sane...until the contrary be proved...to establish a defenceon the ground of insanity ...it must be clearly proved that...at the time of the committingof the act...the party accused was labouring under such a defect of reason, from disease of he mind, as not to know the nature and quality of the act he was doing or... that he did ot know he was doing what was wrong.

A defect of reason the principle here is that criminal responsibility is visited on the rational only. Confusion short of defect of cause does not specify as insanity. R v Clarke (depressed shoplifter in supermarket called medical evidence of depression - judge ruled this was insanity - C A said this may be a disease of the mind but confusion caused by depression was not a defect of reason).This decision benefited the accused who was therefore not guilty (absence of mensrea)and not punished. Afinding of insanity would have intended a clinic order.

Criminal Liability of Edward

The 'reasonable person test' is used to see if a reasonable person would have done the same in the situation. This is made by the courts to its ruling is slightly inconsistent. No precedent can be sent because each case must be measured against its own circumstances.

There are also eight factors to be considered when establishing the appropriate standard of care. This include The probability of injury occurring, The seriousness of the possible injury, How beneficial the activity is ...