100

absolute. Mr. Justice Devlin also thought there was nonead in the present case to determine just what partautomatism played in liability for crime; it was a novelpoint and the answer would depend, among other things,on the nature of the liability which the prosecution hadto establish.

In establishing criminal liability, the question of inten-tion may enter in what the lawyer regards as two differentcontexts. One basic rule applies to all criminal offences-namely, that the accused must have committed an actprohibited by the law or he must have omitted to dosomething required by the law. Furthermore, this act oromission must have been voluntary. An involuntary actor omission is one which is not willed, and Halsbury’sLaws of England give the following examples :

" ... an act done by a person in a state of unconsciousness,as in sleep, or by a person of such tender years or in sucha state of idiocy or insanity that he has, or is deemed to haveno mind and therefore no will, or by a person who is con-strained by overwhelming force. An act or omission is volun-tary in this sense if it might have been avoided by the exerciseof reasonable care."2

In the case of many criminal offences, it is also necessarythat the accused should have been guilty of a legallyblameworthy condition of mind known as mens rea. Thiselement is essential in all the common-law crimes withone exception, but is not regarded as essential in somestatutory offences. Thus, as the Lord Chief Justicepointed out, in the offence of dangerous driving theintention of the driver is immaterial; even an honest errorof judgment may render a motorist guilty of dangerousor careless driving. Where mens rea is an essential element,proof of guilty intention rests in the first place upon theprosecution; in many cases, however, the facts themselveswill raise a presumption that the accused had a guiltyintention, in which case it will be upon him to rebut thepresumption.

It would seem-particularly from Mr. Justice Devlin’sjudgment-that a plea of automatism might be relevantin establishing that an act or omission was involuntary inthe sense considered above, or in disproof of mens reawhere this is an element in the offence. In either case, itwould seem obligatory upon the defence to produce someevidence of automatism, though the degree of proof mightvary according to the nature of the defence. If the defenceis that the act or omission was not "voluntary ", the courtmight require a higher standard of proof than in a casewhere the defence is a denial of mens rea.

Medical Reports in Criminal ProceedingsIn civil proceedings the use of agreed medical reports

is a recognised practice which saves both time and expense.One would suppose that a similar procedure could beadopted in criminal cases, but apparently this is regardedas improper. In Hill v. Baxter 3 a bench of magistratesconsidered the charge of dangerous driving. The defenceproduced two letters from a doctor dealing with thedefendant’s condition; the prosecution had no objectionto these letters and they were accepted by the magistrates.This procedure was condemned by the Lord Chief Justice.Agreed medical reports, he said, have no place in criminalcourts, where evidence must be given on oath and besubject to cross-examination unless there is a statutory

2. 3rd ed., vol. 10.3. Times, Dec. 20, 1957.

exception allowing documents or certificates to be

put in.

Special Articles

NEW YEAR HONOURS

THE list of honours published on Jan. 1 contains thenames of the following members of the medical profession:

Baronet

Sir HARRY PLATT, M.S. Lond., M.D. Manc., F.R.C.S.Lately president, Royal College of Surgeons of England;emeritus professor of surgery, University of Manchester.

G.C.V.O.

Sir STEWART DUKE-ELDER, K.C.V.O., M.D., D.SC. St. And., F.R.C.S.

K.B.E. (Military)Air Marshal PATRICK BRUNTON LEE POTTER, C.B.E., M.D. Sheff., Q.H.S.

Director-general, Royal Air Force Medical Services.

Surgeon Vice-Admiral ROBERT CYRIL MAY, c.B., o.B.E., M.c.,F.R.C.S., Q.H.S.

Medical director-general of the Navy.

Knights BachelorKENNETH COWAN, M.D. Belf., M.R.C.P.E., Q.H.P.

Chief medical officer, Department of Health for Scotland.

HERBERT RONALD ROBINSON GRIEVE, M.B. Sydney.Member of the New South Wales medical board.

HANS ADOLF KREBS, M.A. Cantab., M.D. Hamburg, F.R.S.Whitley professor of biochemistry, University of Oxford;director of the Cell Metabolism Research Unit, Medical ResearchCouncil.

WILLIAM BENTLEY PURCHASE, C.B.E., M.C., M.B. Cantab.Coroner, H.M. Household and northern district of London.

WILLIAM GEORGE DISMORE UPJOHN, O.B.E., M.D., M.S. Melb.,F.R.C.S., F.R.A.C.S.

Consulting surgeon, Royal Melbourne Hospital.RALPH WHISHAW, C.B.E., M.B. Sydney, F.R.C.P., F.R.A.C.P.

Physician, Royal Hobart Hospital, Tasmania.

C.B. (Military)Major-General DouGLAS BLUETT, o.B.E., M.B. Dubl., Q.H.P.Air Vice-Marshal FREDERICK ELVY LIPSCOMB, C.B.E., M.R.C.S., Q.H.P.

Surgeon Rear-Admiral ERIC THOMAS SUTHERLAND RUDD, c.B.E.,M.B. Dubl., F.R.C.S.E.

C.M.G.

DONALD DIXON MCKENZIE, M.B. N.Z., F.R.C.S., F.R.A.C.S.Senior surgeon, Auckland Public Hospital.

C.B.E. (Military)Group-Captain HUGH CUTHBERT SUTCLIFFE PIMBLETT, M.D. Durh.,

R.A.F.

C.B.E. (Civil)ALEXANDER BROWN, M.B. Edin., F.R.C.P.E.

Professor of medicine, University College, Ibadan.TREWAVAS PEARCE EDDY, M.R.C.S.

Director of medical services, Sierra Leone.GORDON LILICO, M.B. Edin.

Lately a principal medical officer, Ministry of Health.

JOHN CAMPBELL MCINTYRE MATHESON, D.S.O., M.B. Glasg.Principal medical officer, H.M. Prison, Brixton.

LAMBERT CHARLES ROGERS, V.R.D., F.R.C.S., F.R.A.C.S., F.A.C.S.Professor of surgery, University of Wales.

101

SEYMOUR COCHRANE SHANKS, M.D. Glasg., F.R.C.P.Director, X-ray diagnostic department, University CollegeHospital, London.

CLARENCE EDMUND SMITH, L.M.S. Singapore.Assistant director of medical services (tuberculosis), Singapore.

Lieut.-Colonel GEORGE HENDERSON STEVENSON, O.B.E., M.C., M.B.

Edin., F.R.C.S.E.Lately chairman, executive committee, British Red Cross Society(Scottish branch).

EDWIN ALFRED TRIM, O.B.E., M.D. Cantab.Director of medical services, Uganda.

O.B.E. (Military)Surgeon Lieut.-Commander DAVID GEOFFREY DALGLIESH, M.R.C.S.,

R.N.

Squadron-Leader JOHN ERNSTING, M.B. Lond., R.A.F.Lieut.-Colonel CHARLES McNEIL, M.B. Cantab., R.A.M.C.

O.B.E. (Civil)FRANK RICHARD AsHTON, M.B. Edin.

Medical superintendent, Nethersole Hospital, Hong Kong.CHARLES BOWESMAN, M.D. Dubl., F.R.C.S.E.

Formerly specialist (surgery), Ghana Ministry of Health.HAROLD CRAWFORD, M.B. Melb., F.R.A.C.S.

Orthopaedic surgeon, Children’s Hospital, Brisbane.

KATHERINE MARY HIRST, M.B. Lond.A senior medical officer, Ministry of Health.

THOMAS VICTOR HUMPHREYS, M.B. Belf.Lately first secretary and medical officer, H.M. Embassy,Moscow.

REUBEN JACOBSON, M.B. W’srandDirector of medical services, Basutoland.

LEONARD Ross MALLEN, M.B. Adelaide, j.p.Medical practitioner, Lower North District, South Australia.

PAN TSOH CHEN, M.B.For social welfare services, North Borneo.

IVAN SAMUEL PARBOOSINGHSenior medical officer, Jamaica.

JOHN PATRICK SEXTON, M.B. Edin.Regional senior health officer, Northern Region, Nigeria.

CLARENCE EDMUND SMITH, L.M.S.Assistant director of medical services (tuberculosis), Singapore.

JOSEPH STANLEY THOMAS, M.R.C.S., J.P.General practitioner, East Ham.

THOMAS JAMES RUSSELL WARREN, M.B. Dubl., F.R.C.S.E.Director, Samaritano Hospital, Sao Paulo.

PHILIP RANDAL WOODHOUSE, D.S.O., M.C., V.D., M.B. N.Z.President, New Zealand Catchment Boards’ Association.

M.B.E. (Civil)GEORGE FRANCIS NICHOLAS ANDERSON, M.B. Dubl.

Senior medical officer, Iraq Petroleum Company in Qatar.ELIZABETH ABIMBOLA AWOLIYI, M.R.C.P.I.

Medical officer, Federation of Nigeria.ABRAHAM JOHANNES PETRUS COETZEE, M.R.C.S.

Chief medical officer, Rhokana Corporation, Northern Rhodesia.GEORGE MILLAR EDINGTON, M.D. Glasg.

Formerly specialist pathologist, Ghana Ministry of Health.IRENE ELIZABETH BEATRICE IGHODARO, M.B.

For social welfare services, Western Region, Nigeria.FRANK STANISLAUS LE MERLE

Lately medical practitioner, Basra.LATIMA KAMYA MUSOKE

Medical officer, Uganda.OLIVE HOPE ROBERTSON, M.B. Edin.

President, Federation of Women’s Institutes, Southern Rhodesia.JAMES SCOTT ROBINSON, M.R.C.S.

District medical officer, Dominica, Windward Islands.CYRIL AUGUSTUS WALLACE, M.B. Belf.

Medical officer, Tanganyika.

In England Now

THE reminiscences of the elderly can be tedious, but thoseof Uncle Edward, now rising 93, have a stark simplicity whichamply repay the annual visit. Last year’s was about thebenevolent rat he had once observed piloting its blind matealong a gutter by means of a straw held between its teeth. Thisyear Uncle set the ball rolling. by remarking innocently thathe had just received a Christmas card from Eric Little. " Hehas sent me one regularly for over fifty years." So we dutifullyasked who Eric Little was. But Uncle was not to be hurried.It appeared that in 1887 when he was senior obstetric officerat his alma mater a colleague in practice nearby had sent himan s.o.s. because he was having difficulty in delivering the babyof an elderly primigravida. "And no wonder," said Uncle," because it was not an ounce under twelve pounds." How-ever it appeared that Uncle was quite used to landing twelve-pounders, and he was soon able to hand the baby over to thegamp and turn his whole attention to the mother who was hav-ing repeated convulsions which were rather worrying. Here

again Uncle’s skill prevailed, though it was some two hoursbefore his unspecified therapeutic efforts were rewarded, andhe could turn once more to the baby. "But the baby is dead,Doctor, it was born dead." " Nonsense," said Uncle,

" whereis he ? " It transpired that the baby had been tidily wrappedin brown paper and deposited on top of the dustbin. Unclelost no time in retrieving his charge and divesting it of itsmake-shift shroud. " It certainly looked white and was notbreathing, but through my stethoscope I could hear the heart,ten beats to the minute and very muffled." So Uncle, undis-mayed, proceeded vigorously to apply a method, again unspeci-fied, of resuscitation, which, he avers, is known in the hospitalto this day as MacGillicuddy’s method of reviving the appar-ently dead. For the third time his virtuosity was crowned withsuccess. The baby turned blue, then breathed, and finallybellowed. " And soon I was able to place Eric Little in hismother’s arms, and hence the Christmas card. No, no, hismother never told him the truth-she simply said it was amiracle." Uncle ended modestly.

* * *

Well 1958 has certainly come in with a bang. There’s thegeophysical jamboree at the Pole, there’s Sputnik I hourly gettingnearer, and above all Mr. Fairbrother has pain in his chest onexertion. Antarctic news has not unnaturally left most peoplecold; Sputnik I is best forgotten; but Mr. Fairbrother’s catas-trophe has hit the great British Public where it hurts most. Itstands to reason that if a hero of the Light Programme getspain on climbing hills and is to have a E.c.G. then somethingis bound to happen. After all what is good enough for him isgood enough for the Common Man and the next thing we willfind will be our dyspeptics scorning our mag. trisilicate anddemanding specialists and E.C.G.S galore. The Light wasfriendly when I phoned to plead for a change in the storybefore Mr. Fairbrother was actually in extremis. It saw mypoint. It thanked me for phoning, but it promised nothing.That night one of my coronaries sprang an embolism. Next

evening two had relapses. It may mean nothing, but perhapsit does.

* * *

In Calgary the Christmas and New Year campaign againstpeople who drive cars when they are not fit to do so is againbeing widely advertised, and once again the police willDRIVE-YOU-HOME if you are " impaired " and ask for help.No names will be named, and no charges will be laid. This

campaign has helped greatly to lessen the recurring toll amongmerrymakers, and this year the men who man the petrol pumpsare going to help by offering coffee and doughnuts free alongwith the gas and oil at service-stations in Regina and Saskatoon,and probably in Calgary as well. They hope that the fluidbalance will be so well maintained that nobody will be tempted

1. See Lancet, 1957, i, 95.