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The definition and application of the defences of insanity and non-insane automatism have resulted in decisions which are difficult to justify morally. Discuss
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CRIMINAL LAW ASSESMENT ONE Manir Hussain Seminar Group Leader: Ms K.Doolin Seminar Group 17 1. The definition and application of the defences of insanity and non-insane automatism have resulted in decisions which are difficult to justify morally. Discuss In this country it is believed that a person should only be held criminally liable if they have the mental capacity to understand their actions or omissions. The defences of insanity and non-insane automatism apply to those defendants who lack the necessary mens rea for an offence and even if they do have the mens rea they lack the rational capacity to be held responsible for their actions. If a defence of insanity is successfully raised, then a special verdict of not guilty by reason of insanity is given and this results in a hospital order being issued. If someone successfully raises the defence of non-insane automatism then this results in a full acquittal. And so...
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