Lesson Plan XV: Automatism Flashcards
Why is it important to determine the difference between Insane Automatism and Non-Insane Automatism?
Because depending on if it’s INSANE –> the state controls you/your liberties/your actions/where you live/what you do.
ex: could determine that you stay in mental hospital for X years, or for life.
What is the importance of R v Rabey?
Key Facts: Accused killed girl after she said he was “just a friend”. Witness said he looked “pale, sweaty, glassy-eyed, bewildered, distraught, upset, etc.”
Ratio: Temporary, transient disturbances are NOT a part of a mental disorder, NOR are they an external factor under Non-Insane Automatism.
What is the importance of R v Parks?
Key Facts: Accused killed parents while allegedly sleepwalking.
Ratio:
- Sleepwalking is classified as Non-Insane Automatism, NOT a disease of the mind.
- provides tools of analysis for determining if something is insane/non-insane automatism
What is the importance of R v Stone?
Key Facts: Accused killed wife after being insulted by her, said he felt a “whooshing sensation” and when he “came to” she was dead.
Ratio: Pre-Cinous, said determining between Insane/Non-Insane Automatism was a question of mixed fact & law.
What is the importance of R v Fontaine?
Ratio: Corrects mistakes from Stone going too far regarding level of evidence required to satisfy evidentiary burden & put Automatism forward to jury –> only requires SOME evidence, doesn’t matter if trial judge thinks it’s a successful case or not.
What is the importance of R v Luedecke?
Key Facts: L had sex with someone while asleep, claimed had a sleep disorder called “sexsomnia”. Got old girlfriends to testify. Claimed Non-Insane Automatism as defence (relied on R v Parks).
Ratio: When determining if “sexsomnia”/anything similar is insane vs. non-insane, must consider hereditary evidence, any triggers, as well.
What is the importance of R v Bouchard-Lebrun?
Key Facts: Accused assaulted 2 people during psychotic state caused by drug use. Claimed Insane Automatism on basis that drugs caused him to act involuntarily.
Ratio:
- must identify the SOURCE of the psychosis –> did the toxic psychosis result from a mental disorder?
