Must be decided if a persons automatic state is due to internal/external factor.
Any internal cause maounts to insanity- D's in a automatic state can only plead insanity.
Insanity and automatism are differenent- plead automatism the BofP is on prosecution to prove beyond all reasonable doubt the defence applies. For insanity- BofP on D.
Also, if Insanity applies D is found not guilty by reason of Insanity- arguably not a guilty verdict. This allows for confusion. This is illistrated clearly in cases of Quick and Hennessey.
Quick- D took insulin but forgot to eat- attacked someone (automatism)
Hennessey- D didn't take insulinm stole a car (insanity)
Criticise because they are both similar, but have different defences. This is because of the external/internal factors attached to insanity and automatism. Seem more consistent to have the same outcomes for cases involving diabetics, and any illnesses for that matter.
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