Seminar 15 - Criminal FT211 - Insanity and Automatism - Alf by Claire Turner https://padlet.com/claire43/ws81jt99x6xs en-us 2018-11-08 12:04:13 UTC 2025-11-12 23:06:31 UTC hello@padlet.com Part 3:How would Alf’s defence of automatism be affected, if at all, if he had been charged with murder instead of manslaughter? claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/1135647781 2021-01-28 10:29:53 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/1135647781 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. claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/1135649461 2021-01-28 10:30:26 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/1135649461 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? claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/1135650908 2021-01-28 10:30:53 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/1135650908 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? claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/1135652702 2021-01-28 10:31:26 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/1135652702 Link to Prezi claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/2023037989 https://prezi.com/deqgv0r3ochu/insanity-and-automatism/?present=1]]> 2022-02-01 10:26:20 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/2023037989 claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/2023138071 Automaton - Bratty
M'Naghten Rules - Disease of the mind - Kemp - similar to arteriosclerosis. Bratty - prone to recur? yes. Burgess. 

Defect of reason- Clarke - 'whilst in a state of unconsciousness' and 'totally unaware of his actions' 
Nature and quality (Codere) unknown and didn't know what he had done was wrong (Windle;Johnson)

Standard of proof - balance of probabilities - says that it was 'inconclusive' which may prevent the defence pleading insanity. ]]> 2022-02-01 11:39:16 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/2023138071 claire43 https://padlet.com/claire43/ws81jt99x6xs/wish/2023156559 Automatism (non-insane) - total loss of control (AG Ref No. 2 1992) - strangling is not a total loss of control. External factor (Quick). Taken double dosage so external.

Self induced? - non-dangerous. Manslaughter crime of basic intent. Reckless? Bailey - if the accused knows that his actions or inaction are likely to make him aggressive, unpredictable or uncontrolled with the result that he may cause some injury to others and he persists in the action or takes no remedial action when he knows it is required, it will be open to the jury to find that he was reckless. (Griffith LJ)

Prosecution will argue that medical advice should be followed and it is reckless not to do so.

Defence - no evidence that the drugs will lead to 'aggressive, unpredictable and uncontrolled behaviour'. Reliance on Hardie - in that case it was a soporific drug not known to cause the reaction prescribed in Bailey. But in the instant case, it is a soporific drug and therefore Hardie can be distinguished. Side effects on the packet need to be checked ]]> 2022-02-01 11:53:19 UTC https://padlet.com/claire43/ws81jt99x6xs/wish/2023156559