cracka wrote: How many of us have ever thrown a punch that if connected could have done some serious damage. I think your mate is saying that Gaff is unlucky that he got Brayshaw in the right (for lack of a better word) spot. Mark Brayshaw said he doesn't believe Gaff intended to hurt his son at all.
My view is that the McNaughton Rule is basic to anyone getting off being responsible for their actions at any time:
- There is in this a presumption, that the defendant is sane, and that they are responsible for their criminal acts.
- At the time of the crime, the defendant must have been suffering from a “disease of the mind” to be able to claim they did not know what there were doing or that it was "wrong", and even if there is a “disease of the mind” the defendant may still know the nature and likely consequences of their action and know at the it is a wrong action according to social values and the law.
When I've given evidence in court in such matters - the last time was in 2009 - my view (and the generally supported one in the system) is that anyone who is not severely psychotic, or suffering a condition like Temporal Lobe Epilepsy which can trigger episodes of violent behaviour in a semi-conscious state, is responsible for their behaviour at all times regardless of what other pressure thay are under.
Anything else is a cop out, and saying sorry after such an action when not insane (or acting unconsciously such as in TLE) does not wash.