Look Hard and See More

Published date01 January 1984
Date01 January 1984
DOIhttp://doi.org/10.1111/j.1468-2230.1984.tb01640.x
AuthorCelia Wells
98
THE
MODERN
LAW REVIEW
[Vol.
47
as
well as the more traditional agencies-such as reactions to a
swarm of bees or a blow from a stone-are apparently to be classified
as
sane. How is one to classify
R.
v.
Clarke” under’this scheme?
The logic is not enhanced by the knowledge that epileptic seizures
can be precipitated by hypoglycaemia even in a person otherwise
well.
It is suggested that this entire classification makes little logical
sense; the distinction between “inherent” and “extrinsic” causes is
arbitrary and of no medical significance and seems to act as a barrier
to the appropriate disposition of defendants by forcing guilty pleas
from defendants who otherwise would be acquitted on the grounds
of automatism. It aggravates the effect of other problems brought
about by the archaic definition in the MNaghten Rules.” It is
striking how these difficulties would be largely resolved if the reforms
proposed by the Butler Committee were enacted.19 The jury’ would
then be directed to return a verdict of “not guilty on evidence of
mental disorder” if (1) they are satisfied that he did not have the
state of mind necessary for the offence and they are satisfied that at
the time he was mentally disordered or (2) that he was suffering
from severe mental illness or severe subnormality as defined in the
Report.m The proposed definition of severe mental illness2’ would,
it is submitted, generally exclude automatism arising from the
conditions referred to above if they are transient in nature. The
Committee also proposed that the court should have discretion in
the disposal of cases following such a verdict.
MERWN
E.
BENNUN*
CHRISTOPHER GARDNER-THORPE~
LOOK
HARD
AND
SEE MORE
THROUGHOUT
the twentieth century, the propensity for the internal
combustion engine to cause harm has been recognised by the criminal
as well as the civil law. Ever since the quaintly named Motor Car
Act 1903, an offence punishing reckless driving has beempart of our
jurisprudence. Until the reform effected by the Criminal Law Act
1977,
this offence had always been additionally satisfied by dangerous
or negligent driving. Section
50
of the 1977 Act amended radically
sections
1
and 2 of the Road Traffic Act 1972 which are the operative
statutory provisions for causing death by reckless driving and reckless
driving respectively. The effect of the amendment (which removed
I’
“723 1
All
E.R. 219.
See,
c.g.
Susan Dell, “Wanted:
An
Insanity Defence that Can
be
Used“
[1983]
I9
Committee on Mentally Abnormal Offenders (Chairman, Lord Butler), Crnnd. 6244
ao
Para.
18.37,
p.230.
21
Para. 18.35, p.229.
Lecturer in
Law,
University
of
Exeter.
t
Consultant
Neurologist
Royal Devon and Exeter Hospital, and Tutor in Neurology,
Crirn.L.R.
431.
(HMSO, 1975).
University
of
Exeter.

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