CRM 2300 Lecture Notes - Lecture 13: Mens Rea, Dazed, Actus Reus
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Def: (cid:862)a state of impaired consciousness in whch an individual, though capabe of action, has no (cid:448)olu(cid:374)tar(cid:455) (cid:272)o(cid:374)trol o(cid:448)er that a(cid:272)tio(cid:374)(cid:863) (this is conscious automatism and the person is awake) Actus reus or mens rea?? (here there is a lack of actus reus bc in actus reus it has to be voluntary when you commit the act, but in automatism, voluntary act lacks/ for. Automatism to be successful the elements must prove the person committed the act involuntarily) Def: a situation in which an external bliw to the head causes an episode of impaired consciousness, during which the accused engages in conduct that would otherwise be seen as criminal. Bleta (1965) charged with manslaughter: after he got pushed, he got up in a state of automatism and stabs the guy who pushed him in the neck, the e(cid:454)perts pro(cid:448)ed this a(cid:374)d the (cid:272)ro(cid:449)(cid:374) did(cid:374)"t fight it. Automatism involuntarily induced by alcohol or other drugs.