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Automatism One fundamental principle of criminal liability is voluntariness. For the accused to be found guilty the actus reus of an offence must be committed voluntarily-that is, it must be the conscious choice of an operating mind. The criminal law does not hold people responsible for actions they cannot control. Most of the case law in this area focuses in whether the automatism was caused by a mental disease or was of the ¡°non-insane¡± variety. The distinction is critical because it determines how the accused is treated by the system. If the automatism is deemed to be caused by mental disease, the defence of mental disorder applies applies, and the accused may be subjected to custodial treatment. If the automatism is deemed to be ¡°non-insane¡±, the acquittal leads to freedom.
Approximate Word count = 483
Approximate Pages = 1.9
(250 words per page double spaced)
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