Defendant was a nurse and attacked a patient during a hypoglycaemic attack after he had taken his insulin with spirits and he had no recollection of the attack.
Judge didn’t allow automatism to be put to jury but allowed insanity to be put.
Defendant was convicted.
CA said clearly it wasn’t a case of insanity since within the M’Naghten definition insanity was disease of the mind, not a transitory condition caused by external stimulus.
Instead the defence of automatism should have been put and therefore the convection was unsafe and quashed (don’t say whether defence of automatism would have succeeded or not).
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Criminal Law | Defences Notes (32 pages) |
GDL Criminal Law | General Defences Notes (10 pages) |