Crime CLVII-Insanity XIV
When
the defendant’s actions are caused by both internal and external factors, the
jury should be directed on both insanity and automatism.
In
R v Roach (2001) the defendant was suffering from an anti-social personality
disorder and while working as a caterer he stabbed a colleague in the hand over
a missing mop. The defendant was arrested and charged.
During
the trial the defendant claimed that he had no recollection of what had
transpired and the fact that he was suffering from an anti-social personality disorder
was supported by medical evidence (internal factor).
At
the time of the incident the defendant had also been drinking and taking
prescribed drugs (external factors).
During
the trial the judge directed the jury on insanity but did not direct the jury
on automatism. The jury convicted and the defense appealed on the grounds that
the trial judge did not direct the jury on the defense of automatism.
The
appeal was allowed and it was held that the jury should also have been directed
on the defense of automatism. Given the circumstances both defenses should have
been made available to the defendant.
Copyright
© 2019 by Dyarne Ward
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