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involuntary conduct definition – involuntary conduct defined

admin — Sat, 16 Jan 2010 13:34:24 +0000

involuntary conduct Conduct that cannot be controlled because one is suffering

from a physical or mental condition or is acting under *duress. Involuntary conduct

will often give rise to a defence of automatism, although it may not be a defence if

one is aware of one’s condition or induced it oneself. Sometimes conduct may be

regarded as involuntary if one is in control of one’s faculties; for example, when the

brakes of a car suddenly fail; this will also afford a defence to a driving offence

charge.

automatism definition – automatism defined

admin — Sat, 16 Jan 2010 13:32:09 +0000

automatism n. Unconscious *involuntary conduct caused by some external factor.

A person is not criminally liable for acts carried out in a state of automatism, since

his conduct is altogether involuntary. Examples of such acts are those carried out

while sleepwalking or in a state of concussion or hypnotic trance, a spasm or reflex

action, and acts carried out by a diabetic who suffers a hypoglycaemic episode.

Automatism is not a defence, however, if it is self-induced (for example, by taking

drink or drugs). When automatism is caused by a disease of the mind, the defence

may be treated as one of *insanity. Mere absent-mindedness, even when brought

about by a combination of, for example, depression and diabetes, is not regarded as a

defect of reason under the defence of *insanity. It may, however, be grounds for

concluding that the accused was not capable of having the necessary *mens rea at

the time of the offence.

absence definition – absence defined

admin — Sat, 16 Jan 2010 13:28:01 +0000

absence n. (in court procedure) The nonappearance of a party to litigation or a

person summoned to attend as a witness.

abortion definition – abortion defined

admin — Sat, 16 Jan 2010 13:17:36 +0000

abortion n. The termination of a pregnancy: a miscarriage or the premature

expulsion of a foetus from the womb before the normal period of gestation is

complete. It is an offence to induce or attempt to induce an abortion unless the

terms of the Abortion Act 1967 and the Abortion Regulations 1991 are complied with.

The pregnancy can only be terminated by a registered medical practitioner, and two

registered medical practitioners must agree that it is necessary, for example because

(1) continuation of the pregnancy would involve a risk to the life or physical or

mental health of the pregnant woman (or of other children of hers) that is greater

than the risk of terminating the pregnancy, or (2) that there is a substantial risk

that the child will be born with a serious physical or mental handicap. However,

doctors are not obliged to perform abortions if they can prove that they have a

conscientious objection to so doing. A husband cannot prevent his wife having a

legal abortion if she so wishes. Compare CHILD DESTRUCTION.

abandonment definition – abandonment defined

admin — Sun, 10 Jan 2010 07:53:15 +0000

1. The act of giving up a legal right, particularly a right of ownership of property. Property that has been abandoned is res nullius(a thing belonging to no one), and a person taking possession of it therefore acquires a lawful title. An item is regarded as abandoned when it can be established that the original owner has discarded it and is indifferent as to what becomes of it: such an item cannot be the subject of a theft charge. However, property placed by its owner in a dustbin is not abandoned, having been placed there for the purpose of being collected as refuse. In marine insurance, abandonment is the surrender of all rights to a ship or cargo in a case of *constructive total loss. The insured person must do this by giving the insurer within a reasonable time a notice of abandonment, by which he relinquishes all his rights to the ship or cargo to the insurer and can treat the loss as if it were an actual total loss. 2. In civil litigation, the relinquishing of the whole or part of the claim made in an action or of an appeal. Any claim is now considered to be abandoned once a *notice of discontinuance is served, according to rule 38 (1) of the *Civil Procedure Rules. 3. The offence of a parent or guardian leaving a child under the age of 16 to its fate. A child is not regarded as abandoned if the parent knows and approves steps someone else is taking to look after it. The court may allow a child to be adopted without the consent of its parents if they are guilty of abandonment.