Crime CLV-Insanity XII
When
the defendant’s actions are due to post traumatic stress (a mental disorder
that is triggered by a horrifying or terrifying event) the defense that is
available to the defendant is automatism because despite the seriousness of the
illness, it is brought on by external factors and often factors that are beyond
the defendant’s control.
In
R v T (1990) the defendant was a rape victim who a few days after the incident
was involved in a robbery which included causing actual bodily harm as defined
by s.47 of the Offences Against Person Act (1861). During the trial the
defendant claimed that she was in a dream like state or in another reality and
medical evidence showed that at the time she was suffering from post-traumatic
stress as a consequence or result of which she was in a dis-associative state.
The
trial judge directed the jury on automatism, in line with the decision in R v
Quick (1973) i.e. a disorder that has been brought on by external factors, in
this case a horrible and terrifying crime, but the jury convicted nonetheless.
Copyright
© 2019 by Dyarne Ward
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