General Defences Of Automatism And Insanity Automatism Law General Essay. This defence applies where the defendant had no conscious, voluntary control over his actions. See Hill v Baxter (1958). Automatism is sometimes referred to as non-insane automatism to distinguish it from the defence of insanity. The cause of the automotive state must be.
In law, there exist many different types of defences and one defence may fall under a multitude of the categories. These categories include: Complete Partial General Special Excusatory Justificatory These notes focus on three different defences: Insane automatism, non-insane automatism and intoxication.
Criminal Law Essay on Insanity The defences of insanity, substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally, the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment.The automatism cannot have been induced by the defendant’s actions, such as voluntary drinking: R v Lipman (1970) 1 QB 152. There appears to be an exception to this where the automatism was not a reasonably foreseeable result of taking proper or prescribed medicine: R v Bailey (1983) 3 All ER 503.Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations; We published a discussion paper on 23 July 2013 with our provisional proposals for reform of the defences of insanity and automatism, based on lack of capacity.
Essay outline answer First explain the rules governing voluntary intoxication from Majewski (1977). If the defendant was voluntarily intoxicated with alcohol or a dangerous drug and he is charged with a specific intent crime and did not form mens rea then he is not guilty of the specific intent crime (but liability may be reduced to the basic intent alternative if there is one).Read More
The term automatism is used in Criminal law to describe behaviour that occurs when a person is unconscious to the fact that the act is taking place. There are two types of automatism. In order to accurately understand the principle of the term mentioned above, it is necessary to distinguish the definitions of the concepts of insane automatism and non-insane automatism.Read More
Huxley-Binns: Criminal Law Concentrate 4e Outline answers to essay questions. Chapter 2. Actus reus; Chapter 3. Mens rea; Chapter 4. Strict liability Chapter 5. Non-fatal offences against the person Chapter 6. Sexual offences Chapter 7. Homicide I.Read More
The cause of the automatism must be external, like; Sneezing, the effect of a drug or an attack by a swarm of bees. Case example - Hill v Baxter 1958. Exceptional stress can be an external factor which may cause automatism. It was shown in case of T 1990 where the defendant was allowed the defence due to post-traumatic stress.Read More
For instance, a person who is voluntarily intoxicated cannot claim automatism as a defense, because they had control over becoming intoxicated, which led to their criminal action. Whereas, someone who was involuntarily intoxicated, not by choice, did not create the situation which led to the criminal act.Read More
Criminal Law Kiaira Knox 3.14.13.Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal, state, and local governments categorize crime and prosecute criminals.This is the nature and purpose of law.Without laws, people wouldn’t know what to do.The rule of law is the belief that an orderly society must be governed by.Read More
Automatism. Automatism refers to. Sleep Disorders and the Law. Automatisms are defined as involuntary behavior over which an individual has no control.. An important legal question for consideration is the presence or absence of criminal intent. When criminal action is taken against the violent sleepwalker.Read More
The automatism defense is a claim that physiological or environmental factors caused the defendant to commit criminal actions involuntarily, thus without criminal intent. With the exception of liability without fault, which requires only actus reus, a crime requires two elements, actus reus and mens rea.Read More
While there have been improvements to the law of insanity in recent decades, there is still a long way to go until the defences of insanity and automatism are satisfactory. Extensive reform has widespread support, however, to-date, Parliament has appeared reluctant to pursue full reform.Read More