Crime CLIV-Insanity XI
As
we’d mentioned earlier when the defendant’s actions are caused by hyperglycemia
or an excess of sugar in the body the defense that is available to the
defendant is insanity.
In
R v Hennessy (1989) the defendant was arrested while driving a stolen car and
was subsequently taken to the police station. The defendant’s wife had just
left him and as a result the defendant was depressed and had failed to take his
prescribed dose of insulin – the defendant was a diabetic.
The
defendant was lethargic, drowsy (symptoms of hyperglycemia) and suffered from
temporary memory loss. The defendant could not remember taking the car. The
defendant raised the defense of automatism, but the trial judge directed the
jury on insanity instead. The defendant was convicted, and the defense
appealed.
The
appeal was dismissed, and the Court of Appeal held that the trial judge had
been correct in his direction. Automatism only arises when the defendant’s
actions are caused by external factors and in this instance the defendant’s
actions were precipitated by internal or inherent factors i.e. a condition that
corresponds with a disease of the mind and hence the correct defense to raise
was that of insanity.
It
is also worth mentioning that temporary memory loss is not a normal symptom of
hyperglycemia, though there may be exceptions, each individual is different,
but in most instances, those suffering from hyperglycemia would find it
difficult to make it to the front door.
Copyright
© 2019 by Dyarne Ward
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