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Insanity and Automatism M'Naghten Rules Disease of the Mind Did not know it was wrong Organic Affects Functioning Johnson Windle Kemp Sullivan Epilepsy Arteriosclerosis Burgess Diplock LJ Schizophrenia If the effect of a disease is to impair [the faculties of reason, memory and

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Part 3:  In A-G’s Reference (No 2 of 1992) [1994] QB 91, a HGV driver was on the motorway when he steered onto the hard shoulder and continued to drive down it until he hit a broken-down vehicle, killing two people. He had been driving for several hours and admitted that he felt tired and might have fallen asleep. His defence was automatism, based on expert evidence of a condition of ‘driving without awareness’, following long exposure to monotonous motorways. It was held that: ‘the defence of automatism required a total destruction of voluntary control by the defendant, and reduced or partial control was insufficient to found the defence; that, since someone "driving without awareness" retained some control in being able to steer the vehicle and usually to react and return to full awareness when confronted by significant stimuli, the issue of automatism should not have been left to the jury’.•	

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Part 3:  In A-G’s Reference (No 2 of 1992) [1994] QB 91, a HGV driver was on the motorway when he steered onto the hard shoulder and continued to drive down it until he hit a broken-down vehicle, killing two people. He had been driving for several hours and admitted that he felt tired and might have fallen asleep. His defence was automatism, based on expert evidence of a condition of ‘driving without awareness’, following long exposure to monotonous motorways. It was held that: ‘the defence of automatism required a total destruction of voluntary control by the defendant, and reduced or partial control was insufficient to found the defence; that, since someone "driving without awareness" retained some control in being able to steer the vehicle and usually to react and return to full awareness when confronted by significant stimuli, the issue of automatism should not have been left to the jury’.•	

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Part 2: Outline the defence of automatism and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability?

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Part 2: Outline the defence of automatism and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability?

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Part 1: Outline the defence of insanity and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability? 

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Part 1: Outline the defence of insanity and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability? 

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Alf suffered from a rare blood disorder that could cause severe blackouts. His doctor prescribed powerful tablets to counteract the effect of the disorder. One morning Alf woke up in his girlfriend’s flat to find that she had been strangled. Evidence establishes that:(a) Alf strangled her whilst in a state of unconsciousness, as a result of which he was totally unaware of his actions;(b) Alf took twice the dosage of tablets prescribed by his doctor;(c) The medical evidence is inconclusive as to whether Alf’s unconsciousness was caused by the blood disorder or the tablets. Alf has been charged with the manslaughter of his girlfriend. 

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Alf suffered from a rare blood disorder that could cause severe blackouts. His doctor prescribed powerful tablets to counteract the effect of the disorder. One morning Alf woke up in his girlfriend’s flat to find that she had been strangled. Evidence establishes that:(a) Alf strangled her whilst in a state of unconsciousness, as a result of which he was totally unaware of his actions;(b) Alf took twice the dosage of tablets prescribed by his doctor;(c) The medical evidence is inconclusive as to whether Alf’s unconsciousness was caused by the blood disorder or the tablets. Alf has been charged with the manslaughter of his girlfriend. 