automatism and insanity

Question 1

legal definiton for automatism

Answer 1

• bratty
• act is done by muscles without control of the mind .e spasms , reflex actions , or acts committed when unconscious

Question 2

what is the difference between insane automatism and non insane automatism

Answer 2

insane - caused by disease of the mind
non insane - caused by external factors e.g injury

Question 3

what must be shown for automatism to be succesfully raised

Answer 3

• D must show a total loc over their actions
• ag ref no 2 of 1992

Question 4

can automatism be used as a defence if its self induced

Answer 4

• yes if the defendant wasn’t reckless in inducing the state
• if d was reckless e.g drinking with meds , defence only available for specific intent offences

Question 5

how does automatism relate to intoxication

Answer 5

• similar to intoxication
• ## can’t be used if D recklessly induced the state

Question 6

what does a total loss of voluntary control mean in context of automatism

Answer 6

d has no conscious control over actions e.g sleepwalking

Question 7

what is the legal meaning of insanity

Answer 7

• defined by M’Naghten rule
  -d may be considered insane , if they’re suffering from a defect of reason due to disease of mind and they’re unable to know the nature or quality of their act

Question 8

what does defect of reason mean

Answer 8

• powers of reasoning = impaired, Clarke

Question 9

what qualifies as disease of mind

Answer 9

any internal cause , mental or physical , that effects mind ,

e.g
epilepsy - Sullivan
diabetes - Hennessy
sleep disorders- burgess

Question 10

can someone be found insane if they knew their act was wrong

Answer 10

no

Question 11

what happens if the defence of insanity is successful

Answer 11

• special verdict , not guilty by reason of insanity