Picture of DNA strand

Pioneering chemical biology & medicinal chemistry through Open Access research...

Strathprints makes available scholarly Open Access content by researchers in the Department of Pure & Applied Chemistry, based within the Faculty of Science.

Research here spans a wide range of topics from analytical chemistry to materials science, and from biological chemistry to theoretical chemistry. The specific work in chemical biology and medicinal chemistry, as an example, encompasses pioneering techniques in synthesis, bioinformatics, nucleic acid chemistry, amino acid chemistry, heterocyclic chemistry, biophysical chemistry and NMR spectroscopy.

Explore the Open Access research of the Department of Pure & Applied Chemistry. Or explore all of Strathclyde's Open Access research...

How do they do that? Automatism, coercion, necessity and mens rea in Scots Law

McDiarmid, Claire (2014) How do they do that? Automatism, coercion, necessity and mens rea in Scots Law. In: General Defences in Criminal Law. Substantive Issues in Criminal Law . Ashgate Publishing Limited, Farnham, pp. 159-169. ISBN 9781472433350

[img]
Preview
Text (McDiarmid-Ashgate-2014-How-do-they-do-that-automatism-coercion-necessity-and-mens-rea)
McDiarmid_Ashgate_2014_How_do_they_do_that_automatism_coercion_necessity_and_mens_rea.pdf
Accepted Author Manuscript

Download (538kB) | Preview

Abstract

The case of Drury v HM Advocate 2001 SLT 1013 was regarded by academic commentators as potentially disruptive of the relationship between mens rea and defences in Scots criminal law, in relation to murder. Specifically, there was a concern that proof of the absence of a defence (such as self-defence and provocation) would now be required to establish the mens rea of wicked intention to kill. Contemporaneous and subsequent cases (Galbraith v HM Advocate 2002 JC 1 (diminished responsibility) and Lord Advocate’s Reference No 1 of 2000 2001 JC 143 (necessity)) were closely scrutinised to see if the trend was borne out in relation to other defences and other crimes. Though this appeared not to be the case, the issue itself remains worthy of scrutiny. This chapter examines that issue more generally, from a normative perspective, in relation to necessity, coercion and automatism in Scots law. It will seek to identify the existing relationship between mens rea and these defences and to consider how this might best operate.