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Insanity and Consent

In 2008, the Law Commission published a paper on the "Unfitness to Plead and Insanity Defence".
This identified issues with the insanity defence including antiquity, lack of clarity, and the overlap
with automatism.

The law on insanity can be found in M'Naghten 1843, a case heard 172…

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Insanity and Consent

accordance with its rules, D cannot be guilty of causing injury (cl 40). This change may cause
further issues. For example, an injury caused offside would be outside the rules of the game,
making D liable for prosecution. However, the fact that sport has been kept as…


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