Automatism Criticisms

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  • Created by: Amy Baron
  • Created on: 14-01-13 16:00
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  • Criticisms - Automatism
    • Odd  that a distinction is made in diabetes cases (i.e. internal/external)
      • Quick:            Hypoglycaemia     (took insulin and failed to eat) = Automatism
      • Hennessy:    failed to take insulin and suffered       Hyperglycaemia     as a result
        • Unfair to allow one Automatism (full acquittal) and deem the other insane?
          • Quick:            Hypoglycaemia     (took insulin and failed to eat) = Automatism
      • Unfair to allow one Automatism (full acquittal) and deem the other insane?
      • When does an external factor become an internal one?
        • E.g. kick in the head
          • Leads to epilepsy
            • Leads to fit during which attack someone
          • Insanity or Automatism?
            • Leads to fit during which attack someone
            • = Difficulties
      • Automatism includes dissasociative  states caused by extraordinary           events
        • Such as PTSD caused by rape in R v T 1990
        • But when caused by ordinary, everyday events, come under insanity
          • Like sleepwalking in R v Burgess 1991
        • Inconsistency and uncertainty
          • But when caused by ordinary, everyday events, come under insanity
            • Like sleepwalking in R v Burgess 1991

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