TNAG-0604-FCO40-752-Capital-punishment-in-Dependent-Territories-1977 — Page 156

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the accused suffered from mental retardation which means

that he is not as bright as he should be. His I.Q. is

below standard. He said that it is a possibility that

he may have had brain damage. Well in point of fact as

to how the brain damage occurred there is nothing to say,

but that's what the psychiatrist tells you. Members of

the Jury, you will have to say how far there is any defect

in the accused person. You will have to say how far his

Because the specific defences raised

mind is abnormal.

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by the Defence as you have heard it discussed yesterday,

are automatism, insanity, diminished responsibility and

provocation. The question of self defence does not

arise. The question of accident does not arise.

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It

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Automatism is where a person capable of action is not

conscious of what he is doing. It is the unconscious

involuntary act of a person. He is not conscious of it,

it is done involuntarily, he is not doing it deliberately

with his will, it is unconscious involuntary action.

is action without any knowledge of the acting, where there

is something done without any knowledge of it been done.

Action without a consciousness of doing what has been done.

When the accused spoke about some thing rushed to his head,

and a sort of blankness, he does not know, that is the

automatism that the Defence is telling you of, Now there

is evidence of it, because the accused gave it, and the

history of the accused is told to you by the psychiatrist,

he tells you that there was such a period earlier on in

St. John, and the accused told you that even around the

same time on the 19th he felt this sort of giddiness in

the head, and he had to go and sit down. So there is this 30

question of automatism.

In as much as this defence has been

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