Principle

CRIMINAL LAW — Defences — Insanity — Legal Test for Insanity Under Section 28 of the Criminal Code

Area of law
CRIMINAL LAW
Court
Supreme Court

The M'Naghten test requires proof of lack of capacity to understand, control, or know wrongfulness. The principle applies to criminal law. The accused bears the burden on the balance of probabilities. The rule is codified in section 28. The court will assess all evidence. The…

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