W4 - Automatism

Question 1

If the accused has automatism that is rooted in a mental disorder, the accused will be found…

Answer 1

Not medically responsible due to mental disorder (NCR-MD). They will also not be acquitted.

Question 2

The distinction between mental disorder automatism and non-mental disorder automatism hinges upon…

Answer 2

Whether the automatism is the result of a mental disroder

Question 3

Autamosisum means…

Answer 3

an unconscious, involuntary act, where the mind does not go with what is being done.”

Question 4

In adjudicating automatism, the central question is…

Answer 4

Was the accused suffering from a disease of them ind?

Question 5

What occurs if the court finds that a person acted with non-medical disorder automatism?

Answer 5

Complete acquittal

Question 6

What determines if medical disorder autmaotisum should be left to a jury?

Answer 6

accused has to show on balance of probabilities- entitled to qualified acquittal (Not guilty by reason of insanity).

Question 7

MD automatism that is internal may be a “disease of the mind if….

Answer 7

); may be a “disease of the mind” if it prevents accused from knowing what he is doing.

Question 8

What doesn’t count as a disease of them ind?

Answer 8

Non-insane Automatism if caused by external factors (such as concussion). Transient disturbances of consciousness due to certain specific external factors do not fall within concept of disease of the mind.

Question 9

What is not considered a valid external factor for triggering automatism?

Answer 9

Ordinary stresses of life

Question 10

Is automatism a defene?

Answer 10

Technically no. It is a subset of the voluntariness requirement which, if accepted, vitiates the means reus requirement of a crime

Question 11

What is the continuing danger factor?

Answer 11

whether society requires protection from the accused and, consequently, whether the accused should be subject to evaluation

Question 12

The law always presumes that…

Answer 12

people act voluntarily. Therefore the burden is on the accused to prove autoamtisum

Question 13

What must the accused do to prove autamtisum?

Answer 13

Make assertion of involuntariness and call expert evidence (psychiatric or psychological) confirming that assertion.

Question 14

When will the burden of proof be met by the accused? What happens afterwards?

Answer 14

when a trial judge concludes that there is evidence upon which a properly instructed jury could find the accused acted involuntarily on a balance of probabilities.

Once that evidentiary burden is met by the accused, the Crown then has the legal burden of proving voluntariness beyond a reasonable doubt.

Question 15

Between insane and non-insane autmaotosum, which is presumed?

Answer 15

insane automatisum

Question 16

Give examples of what can cause automatism

Answer 16

disease, mental illness, concussion, drugs, and parasomnia. Each of these conditions can produce a condition in which an accused, while capable of complex, apparently goal oriented content, is incapable of exercising any control over those actions.

Question 17

What is the internal cause factor? Is it judged on a subjective or modified objective standard?

Answer 17

Modified objective. Involves comparing the accused with a normal person.
The trial judge must consider the nature of the trigger and determine whether a normal person in the same circumstances might have reacted to it by entering an automatistic state as the accused claims to have done.

Question 18

Will self induced intoxication qualify as a disease of the mind?

Answer 18

No