Current and Historical Case Studies

View case studies within the drop-down menu above. Several case studies that document both current and historical cases of “sleepwalking” or those involving the influence of pharmaceutical toxicity will be included in this section in the near future.

This section will be focused on the premise that both the medical and legal profession recognize that some behaviors may take place in the absence of consciousness and intent.  When these behaviors arise within a criminal context, the absence of intent may infer that the actions are less culpable- or in other words, that the individual may not be responsible.  It is here that the medical expert will grapple with the terms "automatism" and "unconsciousness".

However, it is important to note, as Judge Schroeder remarked, "Automatism is a defense which in a true and proper case may be the only one open to an honest man, but it may just as readily be the last refuge of a scoundrel".       R v. Szymusiak, 3 O.R. 602, 8 C.C.C. (2d) 407 C.A. (1972), p 608