ABSTRACT
The central issue animating the legal relationship between intoxication and insanity/automatism is deceptively simple. Examination of the interaction of intoxication and insanity and automatism is timely, as it has recently received high profile legal attention. The courts have come to consider whether the defendant was reckless in taking the drugs, and/or failing to eat where medication must be taken before/after/with food. The starting point for this discussion is the evidence suggesting that co-morbidity is a significant issue for mentally ill and mentally impaired defendants facing criminal charges. The problems with the current law of insanity and automatism in England and Wales have prompted the Commission's self-described 'radical' reform proposals. In response to perceived problems exposed by the line of case law dealing with intoxication by non-dangerous drugs, the Commission initially proposed what may be considered a technical solution. These challenge the sharp boundaries that currently structure this part of the criminal law.
