Autopilot, criminal responsibility, and diversion: A case series

Abstract

Intent or mens rea and the Act or actus reus are essential components of a crime and absence of one can lead to complete acquittal of the defendant. I report two cases where there are broad similarities in the nature of the mental disorder, but the intent was lacking in one of the cases. The interplay between symptoms of mental illness, presence of intent, and other relevant factors can lead to differing outcomes when the cases go to the court. An opinion from a psychiatrist is valuable in such cases and indeed written and/or oral evidence from a psychiatrist is required under the mental health act in the UK before certain decision can be taken in the court.

Keywords

• Automatism
• Indian Penal Code
• involuntary intoxication
• mens rea
• mental disorder
• Mental Health Act (UK)
• Mental Healthcare Act (India)