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Question: The internal/external factor distinction is used to mark the boundary between automatism and insanity. To what extent are these boundaries clearly demarcated?

Critically discuss with reference to case law.

Answer: Under English law the defences of insanity and automatism play an important role in the avoidance of Liability for crimes committed in a state of abnormal mental functioning. The reasons for these defences is that these people should be treated and not punished. Definitions of Insanity and Automatism The defence of Insanity concerns that the accused was insane at the time of his alleged crime but is mentally fit to plead at trail. The definition of insanity has never been defined in statute but is defined By the House of Lords case of M’Naughton 1843 where the house held for insanity to apply the accused needs to be; “Labouring under a disease of the mind that causes a defect of reason and the accused does not know the nature and quality of his act or that it is legally wrong.”......(short extract)

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Details: - Mark: 62% | Course: Criminal Law | Year: 1st | Words: 1958 | References: Yes | Date written: March, 2014 | Date submitted: April 01, 2016 | Coursework ID: 957

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