Automatism Evaluation

  • Created by: Becca_67
  • Created on: 03-01-19 10:44
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  • Evaluation of Automatism
    • Denial of Actus Reus or Mens Rea
      • Either ...
        • 1) Denial of a voluntary Action
        • 2) Denial of forming mens rea
      • Means that there could be a defence available for Strict Liability
    • A Complete Defence
      • Judge cannot give orders like with Insanity
      • means they cannot prevent further recurrences
    • Incoherent distinction between Automatism and Insanity
      • some classed as insane pose no danger
      • some acuitted under automatism may act again
    • Conflicting Results
      • Diabetes
        • If taken too much insulin = external = Automatism
        • Not taken enough insulin = internal = insanity
    • Sleep Walking Confusion
      • Burgess = 'disease of mind' = insanity
      • Pooley = Parasomania = Automatism

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