How much Is a medical If the defence is Which party
voluntary control condition successful, what bears the burden
does D need to required? is the impact on of proof?
lose? D’s liability?
Insanity A disease of the Yes – something Complete Defence.
mind must’ve internal, which is acquittal of
caused D to usually medical. criminal liability
completely lose but will get a
all ability to NGRI and may
reason. get a hospital
order (with or
without
restriction
orders), a
supervision
order, an order
for absolute
discharge or an
indefinite
hospital order.
Automatism Total. No – could be Acquittal. Defence.
something as
simply as a
swarm of bees
attacking you
whilst driving.
Loss of control Total No. D will be liable Defence – but I
for a think it’s on the
manslaughter balance of
offence. probabilities.
Diminished Yes. D will be liable Defence – but
Responsibility for a prove on the
manslaughter balance of
offence. probabilities.
voluntary control condition successful, what bears the burden
does D need to required? is the impact on of proof?
lose? D’s liability?
Insanity A disease of the Yes – something Complete Defence.
mind must’ve internal, which is acquittal of
caused D to usually medical. criminal liability
completely lose but will get a
all ability to NGRI and may
reason. get a hospital
order (with or
without
restriction
orders), a
supervision
order, an order
for absolute
discharge or an
indefinite
hospital order.
Automatism Total. No – could be Acquittal. Defence.
something as
simply as a
swarm of bees
attacking you
whilst driving.
Loss of control Total No. D will be liable Defence – but I
for a think it’s on the
manslaughter balance of
offence. probabilities.
Diminished Yes. D will be liable Defence – but
Responsibility for a prove on the
manslaughter balance of
offence. probabilities.
