By Adrianna Tama, LLB1
This project was submitted for assessment in the first year Law in Action 1 module.
The underlying question that will be explored in this research project is ‘Does the Anglo-Welsh legal system obtain internal consistency when considering the defence of automatism in relation to cases of diabetes?’ The project will examine the definition of automatism, addressing its positives and limitations hence ultimately proposing grounds for improvement. The project will also consider whether the current test for automatism is fit for purpose or in need of reform and modernisation. Finally, the project will compare cases, specifically that of Quick and Bailey, identifying defects and drawing conclusions. The project will also be distinguishing whether the cases are treated with similar merit and thus leading to fair outcomes or if the law surrounding this field is simply flawed and in desperate need of reform. Prior to the commencement of the research, the dominant view was that the Anglo-Welsh legal system strives for consistency when determining the sentencing of cases which are surrounded by automatism. However, after closer consideration and gaining further insight into the view predominately shared by legal scholar Nicola Padfield, it is safe to conclude that the law surrounding the defence is clearly inconsistent, leading to unfair outcomes and thus going against the fundamental principles of law.
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