Outline Summary Insanity Automatism PDF

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Summary

Summary of Insanity...

Description

Defect of Reason = No

Not insane (R V Clarke)

Defect of Reason = Yes

From a DOM?

NO

D is not insane

Did D appreciate the physical nature and quality of his act?

Did D realise his ac was legally wrong?

NO – D is insane YES – D is not insane 15 December 2020

the automatism due to a DOM?

Is the automatism due to a DOM? NO – non-insane automatism

YES – insane automatism

Is the t automatism selfinduced?

Specific Intent

NOT Guilty D has no specific intent

NO – D is not guilty (if ttotal loss of control/exterrnal factor)

es – D is guilty the basic intent crime

15 December 2020

No – was D aware that h his action might make him m ‘aggressive, unpredictable or uncontrolled’?

Basic Inten

YES - is it due to voluntary intoxication by alcohol or a ‘dangerous’ drug?

Yes – D is guilty

NO – D is no guilty...