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examination focus

Evaluation of insanity and automatism

Sally Russell sets out how to write exam answers on these similar defences

Although strictly speaking insanity and automatism are two separate defences, there is such a large overlap between them that it is wise to treat them as one when evaluating defences in an examination. Insanity is also called ‘insane automatism’, and automatism ‘non-insane automatism’. Most cases on one have also led to consideration of the other, so many cases can be used for both.

If you are treating insanity and automatism as one defence, you will need to evaluate another. Also, read the question carefully. If you are asked to discuss reforms of one defence, you cannot be credited for doing so for both.

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The year and a day rule

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The Old Bailey

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