Principle

CRIMINAL LAW — Defences — Insanity — Defence of Insane Delusion Under Second Limb of Section 28 of the Criminal Code

Area of law
CRIMINAL LAW

The second limb of section 28 covers insane delusion. The accused must believe in non-existent facts. If those imagined facts were true, they would provide a complete defence. The principle applies to criminal law. The prosecution must prove the accused's knowledge of reality. The principle…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in