automatism and insanity

Question 1

automatism

Answer 1

defined in bratty
- act is done by the muscles without control of the mind
- e.g spasm, reflex action, act committed while unconscious

Question 2

effect of autoatmsim

Answer 2

completely defence - leading to acquital

Question 3

ar of at

Answer 3

• requires involuntary act , defendant is unconscious of their action

Question 4

mr of at

Answer 4

• no mr, as no conscious control for actions

Question 5

external causes of automatism

Answer 5

external factors, e.g

Question 6

total loss of vol control needed

Answer 6

• must have lost total control, for automatism to apply,
• ag ref no.2 1992 , said driving w/o awareness, not sufficient

Question 7

self induced automatism and recklessness

Answer 7

• if automatism is self induced, defence is available UNLESS the d was reckless in inducing it
• if reckless, defense only applies to specific intent offences

Question 8

insanity definition

Answer 8

full self defence verdict, under m’naghten rules,
- leading to special verdict, of ‘not guilty by reason of insanity’
- possible outcomes. = supervision , hospital order

Question 9

defect of reason in insanity

Answer 9

• defect of reason , requires an impairment of reasoning powers
• Clarke

Question 10

disease of the mind insanity

Answer 10

must be an internal cause , affecting mental faculties

Question 11

examples of diseases of the mind

Answer 11

internal causes -
- epilepsy (sullivan)
- sleep disorders (burgess)
-arteries (kemp)

Question 12

not knowing nature / quality of the act insanity

Answer 12

applies ,
case =. oye

Question 13

not knowing act was legally wrong

Answer 13

doesn’t apply,
- windle and Johnson