Guernsey Judgment 5/2001 - The Law Officers of the Crown v Harvey

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Criminal Law—insanity—M'Naghten Rules—test for responsibility of insane offender set out in M'Naghten Rules to be followed in Guernsey, i.e. such defect of reason, from disease of mind, that did not know nature or quality of act or that act wrong—Rules not contrary to European Convention, art. 5(1)(e) prohibition on unlawful detention Criminal Law—diminished responsibility—application—test for diminished responsibility as under English Homicide Act 1957, s.2 to be followed, i.e. such abnormality of mind that mental responsibility substantially impaired—English jurisprudence to be followed. Criminal Law—diminished responsibility—burden of proof—defendant bears burden of proving diminished responsibility on balance of probabilities.