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(p. 76) 4. Incapacitating conditions 

(p. 76) 4. Incapacitating conditions
Chapter:
(p. 76) 4. Incapacitating conditions
Author(s):

Nicola Padfield

DOI:
10.1093/he/9780198778318.003.0004
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date: 26 August 2019

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels.

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter, which explains the defences of insanity and automatism, also investigates the influence of intoxication on liability. A child under the age of 10 cannot commit a crime and is deemed doli incapax. The notorious murder of a toddler led to popular feeling that something should be done to introduce greater respect for the law amongst children. The accused must be suffering from a defect of reason due to a disease of the mind in order to specify the defence of insanity. If a person commits a crime when drunk, he/she is guilty of most of it, but his intoxication of alcohol may exhibit that he did not have the required ‘intent’ for other crimes, such as murder and theft. The Law Commission has referred to ‘criminal liability in regulatory contexts’, which stresses the huge growth in the number of criminal offences.

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