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R v Bailey
''R v Bailey'' () EWCA Crim 2 is a decision of the Court of Appeal of England and Wales considering criminal responsibility in relation to non-insane automatism. The broad question addressed was whether circumstances over which the accused could have had some control gave him a legal excuse for his actions. The court ruled that the jury had been misdirected as to the effect of the defendant's mental state on his criminal liability. However, Bailey's defence had not been supported by sufficient evidence to support an acquittal and his appeal was dismissed. ==Facts== Bailey was a diabetic and required regular doses of insulin. Following a domestic break-up, he went to discuss matters with his former cohabitee's new boyfriend. After a while Bailey claimed to be unwell and asked for some sugar and water. Several minutes later, while the boyfriend was looking for Bailey's lost glove, Bailey hit him over the head with an iron bar, causing a head wound requiring stitches. He was charged with wounding the boyfriend with intent to cause grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861.
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