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Draft Criminal Code Bill of 1989
Moved away from need of a loss of control-instead a loss of effective control
Law Commission Scoping paper 2012
Reverted the law back to total loss of control:
D wholly lacked the capacity to control his or her conduct and the loss of capacity was not the result of a recognised medical condition (whether qualifying or non qualifying) he or she shall be acquitted.
If D's loss of capacity to control his or her actions is due to something D culpably did or failed to do then defence of automatism should not be available to D.
Should we have the external/internal distinction for insanity and automatism
see tables
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