Question
Alf suffered from a rare blood disorder that could cause severe blackouts. His doctor prescribed powerful tablets to counteract the effect of the disorder. One
Alf suffered from a rare blood disorder that could cause severe blackouts. His doctor prescribed powerful tablets to counteract the effect of the disorder.
One morning Alf woke up in his girlfriend's flat to find that she had been strangled. Evidence establishes that:
(a) Alf strangled her whilst in a state of unconsciousness, as a result of which he was totally unaware of his actions;
(b) Alf took twice the dosage of tablets prescribed by his doctor;
(c) The medical evidence is inconclusive as to whether Alf's unconsciousness was caused by the blood disorder or the tablets.
Alf has been charged with the manslaughter of his girlfriend.
Part I
Outline the defence of insanity and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability?
Part II
Outline the defence of automatism and apply it to this scenario. Is Alf likely to be successful in this defence and what effect will this have on his liability?
Part III
How would Alf's defence of automatism be affected, if at all, if he had been charged with murder instead of manslaughter?
Note:Youmustsupport your answer with reference to primary materials i.e. primary authority, i.e. statues and case law.
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