« 980 981 982 983 984 985 986 »
The inability of a child to thrive in a Constitutionally protected God based perpetual threat and rape culture is not a fault of the child; however it does become their odious responsibility upon reaching adulthood to resolve the harms done to them. The Christian religion at its core is a toxic mechanism whereby intergenerational trauma is kept alive, active, and deeply embedded in each new generation, as it has done over the past 2,000+ years.
#985
The M'Naghten Rules are the historical and foundational basis for the defence of mental impairment (formerly known as the defence of insanity) in Australian criminal law, but their direct application has been significantly modified or codified by state and federal legislation.
PUBLISHED: October 20, 2025 02:50:11 AM UPDATED: No Updates
See What your priest forgot to tell you about being Human
The central relevance of the M'Naghten Rules lies in establishing the cognitive test for criminal responsibility when an accused person has a severe mental condition. The Rules, which originated in England in 1843, dictate that a person is not criminally responsible if, at the time of the act, they were labouring under such a defect of reason, from disease of the mind, as not to know:
The nature and quality of the act they were doing; OR
That the act was wrong.
This test, focused on cognitive capacity (knowledge and understanding), remains the fundamental framework across all Australian jurisdictions, even if the terminology has changed.
While the M'Naghten principles are the root, every Australian jurisdiction has moved away from the common law "insanity" defence, replacing it with a statutory defence of mental impairment or similar term.
| Jurisdiction | Status of M'Naghten | Key Modification |
| New South Wales (NSW) | Closest to original M'Naghten | Statutory defence of Mental Health Impairment or Cognitive Impairment (under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020). The tests for the effect of the impairment mirror the M'Naghten limbs (Did not know the nature/quality of the act OR did not know the act was wrong). |
| Victoria (Vic) | Codified M'Naghten | The Crimes (Mental Impairment and Unfitness to Be Tried) Act 1997 (Vic) uses the term Mental Impairment. The legal test for the effect of the impairment directly reflects the two M'Naghten limbs. |
| Criminal Code States (QLD, WA, NT, SA, ACT, Cth) | Statutory Extension | These jurisdictions (which operate under a Criminal Code system) retain the two M'Naghten cognitive limbs but have often added a Volitional (Control) Element. |
| Volitional Element | N/A | In these states, a person may also be excused from criminal responsibility if they were unable to control their conduct due to the mental impairment. This is a significant extension beyond the original M'Naghten Rules, which only focused on knowledge (cognition). |
Australian law has intentionally moved away from the original M'Naghten language to adopt more modern and clinically sensitive terminology:
Insanity / Disease of the Mind is now typically replaced with Mental Impairment, Mental Health Impairment, or Cognitive Impairment (e.g., in NSW and Victoria). This shift acknowledges a wider range of psychological conditions, intellectual disabilities, and brain damage.
The final verdict is no longer "Not Guilty by Reason of Insanity," but a "Special Verdict"—for example, "Act proven but not criminally responsible" (NSW) or a similar finding, ensuring the accused is managed by a mental health tribunal rather than being acquitted outright.
In summary, the M'Naghten Rules have no direct legal force as common law in many jurisdictions, having been replaced by statute. However, they are indispensable because their core two-limbed cognitive test is the template upon which modern Australian statutes defining the mental impairment defence are built.
Would you like a more detailed comparison of the mental impairment defence provisions between specific Australian states?
Find me on X.com || New ID on Facebook || BlueSky || Mastodon.Social || Strangeminds.Social
2023 Findings in Spain found that 0.6% of the population of Spain had been sexually abused by Roman Catholic priests and laity. Up to 50 million alive on any day who have been raped or abused by Catholic clergy &/or Catholic laity
Current world population is 8 billion - 0.6% = 48 million alive today who are likely to have been raped by Catholics globally.
The church protected the perpetrators, not the victims
"This is a matter for the church and I respect the internal judgements of the church. I don't stand outside the church and provide them with public lectures in terms of how they should behave. I've noted carefully what his Holiness has said in the United States. Obviously that was a source of great comfort and healing in the United States. I'm like all Australians very much looking forward to what the Pope has to say here in Australia as well, as I am to my own conversation with the Pope later this morning." Kevin Rudd, Prime Minister of Australia, 17 July 2008. more
If you found this information to be of assistance please don't forget to donate so that we can extend these information pages which are focused on providing knowledge and information to survivor/victims on their Human Rights with justice, compassion and empathy at the fore along with sound knowledge of Human Biology and Psychology, Human Evolution and Neuroscience. Information is not provided as legal or professional advice; it is provided as general information only and requires that you validate any information via your own legal or other professional service providers.
Wednesday, 22 June 2022 - I may not have this down syntax, word and letter perfect or
with
absolute precision in every aspect; however time and the evidence will show that I am closer to the truth than
any religion has been or will likely be.
Let history be the standard by which that is measured.
Youtube - listen to Commissioner Bob
Atkinson get it wrong - again
The Commissioner informs us that the clergy sexual abuse issue was all over and that it had only been a
small statistical glitch around the year 2000. History shows this to have been a display of absolute ignorance
on the issue ...
Makarrata : a better future for our children based on justice and self-determination. The Uluru Statement from the Heart. See Yours, mine and Australia's children. I acknowledge the Traditional People and their Ownership of Australia.
Constitutional Reform Human Rights Living Constitution Constitution Field Guide Corruption Whistleblowers Medical Research Clinical Trials
Hegemony: The authority, dominance, and influence of one group, nation, or society over another group, nation, or society; typically through cultural, economic, or political means.
Mother and baby home survivors on redress delay:
'They are playing a game of wait and die'
Consultants
reported more than 520 conflicts of interest during audit of Australian aged care
2024 is the year of Survivor's High Court challenge of the legitimacy of the Catholic Church and its religion on the basis of its primary allegiance and obedience to a foreign state.
The FAQyMe Gene happily uses IP2Location.io IP geolocation web service.