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Also, the issue of automatism creates a difficult line to determine when there is and is not the necessary intention.Bratty v AG for Northern Ireland  AC 386 (HL) held that for a crime that requires mens rea it is necessary for the requisite intention to be identified.Also it will draw upon the secrecy of the jury process and the treatment of such evidence, which may stem from fatally flawed perceptions.
The issue of intention is at the heart of criminal liability, because knowledge of a crime and intention can vary.
In the case of the mentally ill the knowledge of undertaking the act may not equate to intention.
This topic will undertake a comparative approach between the US (Arizona v Evans, 116 s. 1185 (1995)) and English (R v Sang  AC 402) approaches to confessions and ill-gotten evidence. Thus, it will explore the case law and miscarriages of justice to determine if there should be greater scrutiny on how this evidence is presented.
This is important to ensure fair representation to the jury, in order to prevent misrepresentations.
This topic will explore to what extent there should be criminal liability for omissions, which means the consideration between criminal negligence and recklessness will be explored.
In the case of R v Miller  1 All ER 978 it was held that if the conduct of an omission is the same as a positive act then there should be criminal liability.
The result of this is that consent and sexual history of the victim can be important factors; albeit these questions should not extend past the alleged offence by the victim (ss.
41-3 Youth Justice & Criminal Evidence Act 1999, R v Kevin John Cartwright, unreported, (2007)).
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