Comment on the law of automatism+reforms Flashcards
What is the main problem with the defence of automatism?
it is that in each case it has to be decided whether the situation is one of insane automatism or non-insane automatism. This is so important because the effect of these two types of automatism as a defence is so different
What 2 situations which would seem to be non-insane automatism may at law be considered to be insane automatism?
a diabetic being in a high blood sugar state or someone sleep walking
What had suggested a new definition of automatism?
the Draft Criminal Code 1989
The Draft Criminal Code 1989 suggested a new deffiniton of automatism which would include those who…?
- those who act during an epileptic convulsion so that cases such as Sullivan would be able to use the defence of non-insane automatism instead of insanity.
- cases of sleepwalking
The Draft Criminal Code 1989 suggested a new definition of automatism who would include those who act during an epileptic conclusion so that cases such as _______ would be able to use the defence of non insane automatism instead of insanity.
Sullivan
What happened in the case of Sullivan?
D kicked a man while suffering from an epileptic fit. D was given the defence of insanity not automatism.
D kicked a man while suffering from an epileptic fit. D was given the defence of insanity not automatism.
What case is this?
Sullivan
What would the effect of including sleep walkers into the law of automatism mean for cases such as Burgess?
this would mean that they would get the defence of non-insane automatism as under the current law, D was found not guilty by reason of insanity. Under the reforms D would have had the full defence
Under the present system a judge is allowed to order medical treatment for those who are found not guilty by reason of insanity. What has been suggested about this and the reform of automatism?
it has been suggested that there should be some way of making sure that those who commit dangerous offences while in an automatic state, and who would benefit from the treatment, do in fact recieve treatment.
Why has it been suggested that there should be some way of making sure that those who commit dangerous offences while in an automatic state, and who would benefit from the treatment, do in fact recieve treatment?
as it can be argued that a complete acquittal leaves a possibly dangerous person to do the same thing again
What year did the Law Commission publish a scoping paper on the defences insanity and automatism?
2012
In the 2012 Law Commission scoping paper on the defences of insanity and automatism, what did they point out?
that the two defences are so closely related that if there is to be reform of insanity, then automatism must be reformed at the same time
What is the 2012 Law Commission scoping paper?
a preliminary stage of considering what the problems of the defences are and what possible reforms might be made
