PDF-A level Law 316 Defences Automatism

Automatism Two Types of Automatism 149 Insane Automatism where the cause of the automatism is a disease of the mind an internal one within the M146Naughten Rules In such a case the defence. Automatism. Lesson Objectives. I will be able to explain the meaning of the defence of automatism. I will be able to distinguish between insane and non-insane automatism. I will be able to explain cases that illustrate the defence of automatism. Module . 9. . – Defamation. Objectives. At . the end of this. module you should . be able to. :. Understand the elements of defamation;. Assess the extent to which defamation law protects privacy;. Type of . defence. Rarely used . defense. . Definition . Automatism is the state of acting without being aware/without control over one's muscles. In other words, it is the denial that the . actus. Defence. Once an accused pleads not guilty to a criminal charge they must provide a defence.. Defence. : a denial of, or a justification for, criminal behaviour. .. Denial. : is the most common used defence.. Forensic Session 4. Curriculum Links. 12.2. Psychiatry and the. Criminal Justice System. 12.2.2. Psychiatric defences: fitness to plead,. mutism and deafness, criminal responsibility, diminished responsibility, amnesia and automatism. to Charges. I didn’t do it!. What is a Defense . A defense is a lawful excuse, explanation or circumstance that can be used by an accused person to argue that he or she is not guilty of an offence.. By Angela MacKay. What is Automatism? . The term "automatism" describes unconscious, involuntary behaviour. . The legal rules governing the use of automatism evidence vary with the cause of the automatism, which may be disease of the mind, intoxication or some other circumstances. . General. D must show that act was:. Involuntary. ; and. Due to an . external factor. Automatism was . not self-induced. An . Involuntary. Act. D’s . mind is not controlling his limbs . in a purposeful manner. Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead, he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Intoxication. Person has chosen to take alcohol, . drugs or other substances e.g. glue-sniffing. . General rule - if a person is voluntarily intoxicated and commits a crime there is no defence. . . Intoxication is relevant as to whether or not the defendant has the required mens rea for the offence. . Automatism. Automatism. For automatism to work as a defence, the actions of the defendant must be completely . involuntary.. Bratty -v- Attorney General for Northern Ireland (1963). “an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking”.. Critically evaluate any two general defences (insanity, automatism, intoxication, consent, self-defence/prevention of crime). Suggest what reforms may be desirable to one of the defences that you have evaluated. (25 marks). and . intoxication. Insanity. M’Naghten. 1843. Daniel . M’Naghten. had become so obsessed with the then Prime Minister, Robert Peel, that he decided to shoot him. . Instead. , he missed and shot and killed the Prime Minister’s secretary, Edward Drummond.. Patrick Healy* This article begins by briefly tracing the development of automatism in Canadian criminal jurisprudence. Most re- cently, R. v. Stone is remarkable not only for the pronounce- ments of