Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

R v Codere - 1916

310 words (1 pages) Case Summary

3rd Jul 2019 Case Summary Reference this In-house law team

Jurisdiction / Tag(s): UK Law

R v Codere (1916) 12 Cr App R 21

Defence of insanity not applicable where accused aware of the nature and quality of actions


C appealed against his conviction for murder. At trial, expert witnesses had disagreed on whether he could be certified as insane.


According to the “M’Naghtenrules” (see R v McNaughten 8 E.R. 718) an insanity defence requires proof that the accused did not appreciate “nature and quality” of the act committed or, did not know what he was doing was wrong. Therefore, if it is clear that the accused was aware that the act was wrong and contrary to the law of the land then he is liable to be punished. On appeal, counsel for C argued that C’s conduct before and after the murder, as narrated by various witnesses, pointed to the conclusion that he was not aware that the act was wrong. As C was incapable of understanding the heinousness of his actions it was argued that the defence of insanity should apply.


The Court considered the meaning of the words “nature and quality” in the M’Naghten rules and held that the Court in that case did not intend to distinguish between the physical and moral aspects of the act. If C understood the physical nature of the act it then ought to be considered whether he knew it was wrong. If he was aware that the act was wrong in law then he could be considered aware that he ought not to do it. On the available evidence, the Court held that whilst it was clear that C was “abnormal mentally” there was sufficient evidence that he was conscious that the act was wrong and contrary to law. The appeal was accordingly dismissed.

284 words

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles