R v Sullivan [1984] AC 156

Legal Case Summary

R v Sullivan [1984] AC 156

Epilepsy and the defences of insanity and automatism after M’Naghten

Facts:

The defendant, who had psychomotor epilepsy, had a seizure during which he kicked the victim in the head with great force. He was charged with causing serious bodily harm but pleaded not guilty. After consulting with a lawyer, he instead pleaded guilty to causing actual bodily harm and was convicted. At trial, evidence was presented that the defendant did not remember the incident and two medical experts testified that it was likely that the attack occurred during the postictal stage of the seizure, when a person makes automatic movements without being aware of them. The trial judge ruled that the appropriate defense was insanity, not automatism.

Issue:

The issue for the appeal court was whether epilepsy qualified as a “disease of the mind” under the M’Naghten rule and whether insanity was the correct defense for epilepsy sufferers.

Held:

he court agreed with the trial judge’s assessment that epilepsy is a disease of the mind and therefore the correct defense is insanity. Epilepsy is an internal illness that affects the mind, making it fall under the definition of M’Naghten.

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