Mental capacity defence, non-insane automatism and insane automatism.
“When an act is done by the muscles without any control of the mind” - Bratty
e.g. spasms, reflex actions, convulsions, acts done whilst sleepwalking.
There must be a total destruction of voluntary control - AG ref (No2 of 1992).
If D has partial control, the defence will fail - Broome v Perkins.
Non-insane; external cause, e.g. blow to the head, hypnotism, hypoglycemia,
PTSD (R v T). If successful, D is acquitted.
Insane; internal cause (disease of the mind), e.g. epilepsy (Sullivan),
arteriosclerosis (Kemp), hyperglycemia (Hennessey), sleepwalking (Burgess).
If successful, a special verdict of not guilty by reason of insanity. Criminal
Procedure (Insanity and Unfitness to Plead) Act 1991 allows special verdict.
Diabetes or insulin as the cause; Quick - diabetic not eating after taking insulin
and having a hypoglycemic attack is due to an external factor (too much
insulin by injection) so could rely on non-insane automatism.
Hypoglycemic - low blood sugar (external) - Quick.
Hyperglycemic - high blood sugar (internal) - Hennessey.
Self induced automatism; self induced by alcohol or drugs then apply rules of
the defence of intoxication instead (Bailey).
“When an act is done by the muscles without any control of the mind” - Bratty
e.g. spasms, reflex actions, convulsions, acts done whilst sleepwalking.
There must be a total destruction of voluntary control - AG ref (No2 of 1992).
If D has partial control, the defence will fail - Broome v Perkins.
Non-insane; external cause, e.g. blow to the head, hypnotism, hypoglycemia,
PTSD (R v T). If successful, D is acquitted.
Insane; internal cause (disease of the mind), e.g. epilepsy (Sullivan),
arteriosclerosis (Kemp), hyperglycemia (Hennessey), sleepwalking (Burgess).
If successful, a special verdict of not guilty by reason of insanity. Criminal
Procedure (Insanity and Unfitness to Plead) Act 1991 allows special verdict.
Diabetes or insulin as the cause; Quick - diabetic not eating after taking insulin
and having a hypoglycemic attack is due to an external factor (too much
insulin by injection) so could rely on non-insane automatism.
Hypoglycemic - low blood sugar (external) - Quick.
Hyperglycemic - high blood sugar (internal) - Hennessey.
Self induced automatism; self induced by alcohol or drugs then apply rules of
the defence of intoxication instead (Bailey).
