Automatism as a Criminal Defence - InBrief.co.uk.
As part of the OCR Law A-level course, criminal topics are evaluated and the defence of insanity and automatism is a prime example. This essay is constructed so the AO1 (knowledge objective) is highlighted in purple and the AO3 (evaluation) is highlighted in yellow. This is a perfect structure for an essay and has achieved top-level marks.
Automatism as a criminal defence What is automatism? Generally, at common law, a voluntary act is required to establish the actus reus of a crime. The defendant should also be conscious of their acts so that mens rea can be established. If a defendant, however, can show that they committed a crime as the result of an involuntary act they may be able to plead the defence of automatism.
The law regarding automatism has now come to distinguish between “non-insane” and “insane” automatism, or automatism and insanity, respectively. For a successful plea in automatism, the law holds that the defendant must have suffered from a complete loss of voluntary control due to an external factor. The law on insanity dates back to the 1842 case of McNaghten where it was.
Automatism is a type of defense which is used in the criminal law cases. Automatism is one of the types of medical conditions, which is related to the mental state of the defending party. It can be seen as lack of excuse, or culpability, or the lack of voluntariness. This denotes that the defending party was not aware about their actions while doing or making the particular move, which.
The problems associated with sand and insane automatism have been thoroughly discussed by the Law Commission of UK and through their discussion paper on Criminal Liability: Insanity and Automatism, they have suggested various reforms to deal with the identified problems. They have suggested that a new defense should be put forward regarding the individual not being criminally responsible for.
Criminal Law Essay on Insanity. The defences of insanity, substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally, the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment. However the outcomes.
The defence of non-insane automatism, if successfully pleaded, acts as a complete defence absolving the defendant of all criminal liability.It differs from the defence of insane automatism in that there is no power to detain in a mental hospital neither may any other order be made against the defendant. The defence of non-insane automatism exists where a person commits a crime in circumstances.
Automatism is self-induced when it results from the defendant’s actions or failing to take action. Where the automatism is self induced the defence will not be allowed. Examples of external factors are: 1.Blow to Head. 2.Attack by swarm of bees Hill v Baxter. 3.Sneezing R v Whooley 1997. 4.Hypnotism. 5.Effect of a drug R v Hardie. 6.Exceptional stress or Post traumatic stress R v T. R v T.
That report ignored automatism, an omission argued by the author to be unfortunate since automatism and the mental disorder defence are very closely related. By looking at the mental disorder defence in isolation, the Commission missed an opportunity to make sure that the criminal law takes a philosophically coherent and practically workable approach to people with mental abnormalities. The.
General Defences Of Automatism And Insanity Automatism Law General Essay. This defence applies where the defendant had no conscious, voluntary control over his actions. See Hill v Baxter (1958). Automatism is sometimes referred to as non-insane automatism to distinguish it from the defence of insanity. The cause of the automotive state must be external. This is known as the external factor.
Huxley-Binns: Criminal Law Concentrate 4e Outline answers to essay questions. Chapter 2. Actus reus; Chapter 3. Mens rea; Chapter 4. Strict liability Chapter 5. Non-fatal offences against the person Chapter 6. Sexual offences Chapter 7. Homicide I Chapter 8. Homicide II Chapter 9. Inchoate offences Chapter 10. Participation Chapter 11. Theft Chapter 12. Fraud Chapter 14. Defences I Chapter 15.
One essay based on a quote from one of the sources, critically evaluating that area of the law Save this question for last! Put the quote into context Define and evaluate the development of the area. Law reform Produce a balanced argument. Link to sources! Question Three: Three problem questions which require application of the law to the scenario, explanation and conclusion. Locate the.
The principles of the English criminal law. This essay is going to explain and judge the rules and standards of criminal law in the light of certain guiding principles of restraint in the construction and use of the criminal law. Harm The principle of harm presents a concept of crime where a.
