Insanity 3
- Created by: Alex.Byrne
- Created on: 24-05-18 10:12
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- Insanity 3- Automatism
- What?
- Covers situations where:
- D not in control of mind
- Acts reus not voluntary
- D not in control of actions or mind
- Loss of control must be total
- Must be caused by something over which D lacks control
- Requirements of the defence of non-insane automatism:
- 2. The action must be completely involuntary
- 1. There must exist an involuntary action arising from external sources or reflex actions
- 3. The automatism must not be self-induced
- Covers situations where:
- Intoxication
- Generally not defence: fact that D is intoxicated and would not have committed offence if sober will not provide defence
- Only affects liability where it affects D's capacity to form mens rea, and even then the law imposes restrictions
- Where, due to voluntary intoxication, D is unable to form mens rea, he will not be liable for an offence of specific intent
- Only defence if D is incapable of forming mens rea for offence specific intent
- Where D, although intoxicated, capable of forming mens rea, can still be convicted
- Offence of specific intent- one that cannot be committed recklessly
- Offence of basic intent- one that can be committed recklessly
- Voluntary and involuntary intoxication
- Involuntary intoxication will provide defence to both specific and basic intent offences if D unable to form mens rea
- Even where intoxication is involuntary, if D can form mens rea he can be convicted
- What?
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