denials of an offence

Automatism definition

A complete defence where the defendant claims their actions were involuntary due to an external factor

Automatism key points

The act must be involuntary, with external cause and if successful, results in acquittal

Automatism case

R v T [1990] rape victim committed robbery, claimed PTSD caused automatism. It was accepted to go to the jury.

Baxter [1958] if the defendant just “blacks out” with no cause, it’s not enough

What about self induced automatism

Self induced automatism (e.g. taking drug knowingly) usually fails

Insanity definition

A legal defence where the defendant was suffering from a “disease of the mind” that caused them not to know what they were doing or that it was wrong

Insanity test

M’Naghten [1843]

M’Naghten [1843]

A defect of reason, arises from a disease of mind, so that the defendant did not know the nature of quality of the act, or that it was legally wrong

What is “disease of the mind”

A disease of the mind can be a physician or mental condition (e.g. epilepsy or diabetes)

Insanity if successful the verdict is

“Not guilty by reason of insanity”

Intoxication definition

A state caused by consuming drugs or alcohol. It may affect the ability to form mens rea

Two types of intoxication

Voluntary and involuntary

Voluntary intoxication definition

Voluntary intoxication is only a defence to specific intent crimes (e.g., murder, theft).

Involuntary intoxication

Involuntary intoxication (e.g., drink spiked) can be a defence to both specific and basic intent crimes.

Voluntary intoxication is no defence to basic intent crimes (like assault).

Majewski [1977]

Even if intoxication was involuntary, if the defendant still had the intent, they can be guilty.

Kingston [1994]

Defendants set a man on fire while drunk; not murder (specific intent) but manslaughter (basic intent).

Moore [1975]