If likely – discuss other possibilities (anger, getting emotional)
If automatism not there – forget about voluntariness
CUNNINGHAM IS A BETTER AUTHORITY Blameworthiness normally a MR element not causation Unless somehow raised on the facts no need to discuss it Causation depends on the context Out of Hughes – if the situation is difficult = Hughes recommends that we treat causation with common sense PTSD = not relevant to loss of control No Q’s peace bit Also could have been raised in the pq
What matters whether V is under the Q’s peace
A-G’s reference 3 1994 – act causing death Whether or now there’s qp – q of law Taking positive steps is illegal = omission is not No duty to act if not in the est interst of the patient