LS101 Lecture Notes - Cerebral Palsy, Cabin Boy, Ant-Zen
16 Sep 2013
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Automatism: most definitions came from a single case, r. v. stone, when an individual commits a crime like an automaton (not voluntarily at all, common law. 47 times: claimed a psychological blow", court did not acquit stone a reasonable person would not have suffered a psychological blow" from that situation (possibly from seeing a family member die etc. ) Reasonable person with the factors of this individual added in (past altercations with his wife) Intoxication: self-induced, murder manslaughter, not able to foresee the consequences of your actions arguably under intoxication, sufficient to raise some doubt. Self-defence: no more than reasonably necessary, test of proportionality, in the case of r. v. nelson, two men were in a fight and one party struck the other with an open-handed slap. The other party responded with a blow to the head that shattered their jaw, fell and hit their head on the pavement, developed a brain hemorrhage and died: s. 35 aggression.
