This book has been several years in the formation. It is based on a doctoral thesis, completed at the London School of Economics. I am deeply indebted to my supervisors, Nicola Lacey and Jill Peay, for their invaluable guidance, support and encouragement. I would also like to thank the examiners of the thesis, Lindsay Farmer and Alan Norrie, whose helpful comments and suggestions greatly assisted me in the process of writing this book.
Parts of this book were written while I held a Visiting Fellowship in the Law Department, LSE, on sabbatical from the Faculty of Law, University of Sydney. During this visit, I was able to present some of the thoughts that are contained in this book to various audiences, and I benefited from the discussions that ensued. I would like to thank Martin Loughlin and Neil Duxbury for making that visit possible and Emmanuel Melissaris, Mike Redmayne, and Charlie Webb for fruitful conversations on the topic of mental incapacity and crime.
I am grateful to Thomas Crofts, Jesse Elvin, Nicola Lacey, and Kevin Walton, who generously gave their time to read parts of this book, and who provided valuable feedback on draft chapters. I would like to thank Graeme Coss, Mark Findlay, Tanya Mitchell, Michelle Momdjian, and Julie Stubbs for the support they gave me while I was working on this project. I would also like to thank Adriana Edmeades and Katherine Connolly for their assistance in preparing the manuscript for publication. A special thank you is reserved for Sabine Selchow, with whom I have had many stimulating discussions, and whose encouragement and intellectual companionship played a vital role in this project.
The editorial team at Oxford University Press, including Alex Flach, Natasha Flemming, and Sally Pelling-Deeves, has been a pleasure to work with, and I appreciate the team’s efforts on this book. Helpful comments and suggestions came from the three referees consulted by OUP. I would like to express my gratitude to them and to Andrew Ashworth for the General Editor’s Preface.
Parts of this book draw from the following articles: ‘ “Manifest Madness”: Towards a New Understanding of the Insanity Defence’ (2007) 70(3) Modern Law Review 379; ‘ “In a Kind of Mad Way”: A Historical Perspective on Evidence and Proof of Mental Incapacity’ (2011) 35(3) Melbourne University Law Review 1047; and ‘Putting Mental Incapacity Together Again’ (2012) 15(1) New Criminal Law Review 1. I thank the editors and publishers of these journals for allowing me to reuse the materials.
University of Sydney,