Automatism Vs Insanity
There are two main types of automatism, which is non-insane automatism, simply known as automatism and insane automatism, which also referred to insanity. Both automatism and insanity are general defences, available for any crimes. According to Lord Denning in Bratty v AG Northern Ireland (1963), automatism is defined as an act which is “done by muscles without any control of the mind” or an act “done by a person who is not conscious of what he is doing”. From this particular definition, one can submit that automatism is a denial of actus reus and therefore a denial that the defendant is liable for the crime. While the reason for the defence of insanity is to show that the defendant does not have the ability to form the mens rea to understand …show more content…
On the other hand, if it was due to diabetes – hyperglycaemia, which caused by an internal factor, as in the case of Hennessy, this is a defence of insanity. The onus will be on the defendant to prove the defence on a balance of probabilities and it must be supported by the evidence of two or more practitioners (Dickie 1984). If he succeeds, he will be found ‘not guilty by reason of …show more content…
This has been criticised as David Ormerod argues, it seems ‘astonishing’ that the law remains on this judicial rulings that made in 1843. The ruling require two broad elements to be proved. Firstly, the defect of reason must be caused by a disease of mind. The decision in Clarke (1972) suggests that it required an ‘inability to exercise reason’ rather than a ‘failure to reason’. In Kemp (1957), Devlin J affirmed that the law is concerned with the mind rather than the brain and this is a legal term rather than a medical term. This lead to the conviction of epileptics (Sullivan 1984), sleepwalking (Burgess 1911) and hyperglycaemia (Hennessy 1985). However, this rule had been criticised as they are not actually suffering from a mental disorder. The English Law however, group such people in the same category as criminal like serial killers or psychopaths.
Secondly, the defendant must show that he do not know ‘the nature and quality of the act he was doing’. Hence, if he knew his act was illegal, he has no defence in insanity: Windle (1952). However, the High Court of Australia stated in Stapleton (1952) that Windle should be overrule as ‘morality’ and not ‘legality’ was the correct principle behind the use of wrong. Nevertheless, this strict approach was used in Johnson
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