ABSTRACT
Some defences are a complete defence to all crimes. This is because the defence negates either the mens rea or the actus reus required for the offence. Insanity is a defence to all crimes, except for crimes of strict liability where no mental element is required. Critics point out that the original statements by the judges in MNaghten were made in 1843 when there was a very limited understanding of mental illness. Insanity is a defence to all crimes, except for crimes of strict liability where no mental element is required. Disease of the mind is a legal term not a medical one. The disease can be a mental disease or a physical disease which affects the mind. The Draft Criminal Code suggests that a defendant should be not guilty on evidence of severe mental disorder or severe mental handicap. Any mental disorder which has manifested itself in violence and which is prone to recur is a disease of mind.
