Z-Drugs Case: Legal Precedents, Medical Authority and Articles

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Added on  2020/11/23

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This report presents a comprehensive case analysis involving Z-drugs, specifically focusing on the case of David Smith, who experienced hallucinations and irrational behavior potentially linked to Zopiclone use. The analysis delves into relevant legal precedents, including cases like R v Spratt and MPC v Caldwell, to assess potential defenses and liabilities. Furthermore, the report examines medical authority from sources like the Australian government's Department of Health, NHS.uk, and NPS.org.au, highlighting the effects of Z-drugs and their potential impact on mental health. The report also incorporates articles discussing deep brain stimulation, adjunctive z-drugs, and the American Geriatrics Society's recommendations, providing a multifaceted perspective on the case and its implications. The conclusion suggests that David Smith's actions were influenced by the side effects of the drug, making him innocent under the law.
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Z-Drugs
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TABLE OF CONTENTS
Table of Contents.............................................................................................................................2
CASE SUMMARY..........................................................................................................................1
Precedent case laws................................................................................................................1
Medical authority....................................................................................................................3
Articles...................................................................................................................................4
REFERENCES................................................................................................................................6
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CASE SUMMARY
Z-drugs are said to be group of no benzodiazepine drugs which is having effects similar
to benzodiazepine that is been used in the treatment of trouble sleeping. This research
summarises specific information about the Criminal law mitigation cases which is related with
the David Smith who is suffering from hallucination, irrational thought and carrying out bizarre
acts over the last 5-day period. He also gone through serious depression and anxiety in recent
couple of months from the side effects of Zoclipone, work and his relationship issues. According
to the case, it has been found that David live along with his girlfriend at her house 6 years. After
4 weeks they decided to move into her new house which was newly constructed, had locks and
security access but did not have any alarm system and security screens. David asked plenty of
times for improving the security at the houses but she did not want to press the issues because of
having recent relationships issues (Loebel and et. al., 2014). Recently, David worked for long
hours and consumed 15mg of Zopiclone each night. Because of that, he heard noise inside and
outside the new house as well as vivid nightmare and thought regarding imminent threats to his
girlfriend.
After his girlfriend gone for a business conference until Sunday, David started to work
late night and then after takes 7.5mg tablet of Zopiclone two times in the interval of one hours.
He used to make false call to emergency service numbers because of the medication drugs.
Sometime tries to damage recklessly to the property and other activities (Hussain, Williams and
Griffiths, 2015). David was arrested by the police for the unusually call made to the emergency
numbers. It was the clear case of mental disorders. There are certain sources of precedent law
which are related with this particular case. Some of them are discussed below:
Precedent case laws
R v Spratt [1990] 1WLR 1073
Under this particular case scenario, one suspect fired by using his own air gun from a
window that goes on to hit a six-year-old girl. He was caught under the section 47 assault on the
basis of the matter that he was unaware of her presence because of heavy medicine. The police
charge him under the offence against the person act 1861. Failure to any kind of thought to a risk
was insufficient to taken as liability. It would be absence in accordance to the maliciously term.
The plaintiff need to implied a need to prove men’s rea associated with recklessness. (E-
lawresources.co.uk, 2017).
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MPC v Caldwell [1982] AC 341 House of lords
The Plaintiff is had operating in a hotel and while working over there is developed a
complaint against the owner. It comes to the front when plaintiff turn out to be intoxicated and
fire on the hotel areas. The suspect was convicted under the section. 1(2) of criminal act 1971.
(E-lawresources.co.uk, 2017). In this particular situation, recorder had instructed judges that self-
induced drunkenness was applicable under the S.1 CDA 1971.
Judgement: Under this case, the plaintiff was release by the court, because the fire was
not occurring because of him. A person used to conduct an act which form an apparent risk for
the obliteration of property and he has not contemplated the possibility of reducing risk but has
however goes on which this course of action. Thus, Caldwell recklessness has been overruled in
R v G [2004] 1 AC 1034.
Jaggard v Dickinson [1981] 1 QB 527
The plaintiff has informed by one of the friend that they would stay at their home and use
that house as its own. After having drunk one evening the suspects tried to gain access to an alike
house on the path after mistaking it for her colleague property. He then broke a window and
grew entrance through this way. Then he was arrested under the criminal damage contrary to
S1(1) under the act of 1971 (E-lawresources.co.uk, 2017). As such, it was formed under special
statutory exclusion to common rules which is being mentioned under DPP v Majewski [1976]
that convey about use of intoxication was no any kind of excuse for the crime. It was not a
defence to criminal charges as the statutory defence present under S5(2) (a) criminal damage act.
R v Denton [1981] 1 WLR 1446 Court of Appeal
Under this case, an appellant used to set light to some machinery at this workplace
because of taking high class medication which case £40,000 worth of damage. After that police
arrested the plaintiff and presented into the court. The trial judge rules the situation of consent as
per section. 5(2) was qualified with the word honesty. As he damages the machinery so by arson
and appealed the judge’s ruling needed honesty (E-lawresources.co.uk, 2017).
Rakesh, [1974], Hallucinations
This particular case is related with the auditor hallucination in which he was able to see
the face of his late grandfather on the wall. He told his mother about the procession walk outside
his house. After few months of the same activity his mother has decided to take him to the
psychiatrist. A diagnosis of Schizophrenia was made after a complete evaluation. Doctors had
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prescribed specific medication to him to recovery from this particular issues (E-
lawresources.co.uk, 2017).
Hardman v Chief Constable of Avon [1986] Crim LR 330
The defendants had drawn silhouettes on the pavement in water Soluble paints as she was
taken heavy medications last night. The paint would have worn off after few days’ dress but he
council agreed to have the pavement washed. As outlay had been suffered to place the concrete
back to their unique condition, the painting should be found damage (E-lawresources.co.uk,
2017).
There are various sources of medical authority that are proven David that he was having
serious issues with the case of hallucination as because of Z-drugs.
Medical authority
Australian government department of Health:
The TGA(Therapeutic Goods Administration ) used to collects a wide range of individual
data in the course of performing their functions. It consists of specific information regarding the
patient that is facing medication issues for long time. According to the senior doctors, it has been
prescribing that these types of cases are highly indicating to the mental disorder of the patient.
He used to see themselves in other or someone noticed him always but no one present close to
them.
NHS.UK
Zopiclone is a types of sleeping pill that can be taken into account to treat bad bouts of
insomnia. It would assist fall asleep more fast and also aid to stop people waking up during the
night. As seen in the case of David that he was taking 15mg of drugs. As it takes at least one
hour to work effectively. By taking this medicine with maximum dosages he started to heard
noises of people. Thinking of someone comes to their house in few days’ times. This proves that
David is not in the state of mind of doing the activities with their own ways, so Crimes
(Domestic and Personal Violence) Act 2007, Section 13(1) for intimidation and intending to
cause fear of physical or mental harm section can easily be defend in the court.
NPS. Organisation of Australia:
Zopiclone are hypnotic with similar pharmacology to benzodiazepines. In accordance
with usual effects of sedative drugs, there have been unusual reactions associated with the Z-
drugs specifically to Zolpidem. It will be mentioned under the Australian medical term regarding
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the use of Zolpidem which is followed in 2000. It is currently available in Australia. As it was
promoted as safer than benzodiazepines and in plenty of country it was prescribed for insomnia.
As this drug is not being listed on the Australian pharmaceutical benefits scheme, there are
neither available information regarding the presence in the country. By 2007, ADRAC had
retained 104 reports of hallucination, 62 of amnesia and 16 of rare or unsuitable attitude of which
the patient had no memory. This authority had also provided specific instruction regarding the
use of Z-drugs. According to their instruction, David is associated with the strong case of
sleeping disorder (Effects of zolpidem and other z-drugs, 2012).
Articles
Deep brain stimulation: Addiction is one of the primary challenging for health related
issues. It is associated with enormous individual distress as seen with the case of David. Because
of various neurological disorder, deep brain stimulation(DBS) some of the mental issues can be
overcome in nowadays. The objective of reviewing this is to provide an overview of the
published outcomes that are associated with the use of Z-drugs (AGDH, 2018).
The Australian Journal of Psychiatry:
Some revisions have been stated that support the efficacy of adjunctive z-drugs for
patients with Sleeping disorders who have had an inadequate answer to monotherapy with
attitude stabilizing bodies. The patient was randomly assigned to receive 6 weeks of double blind
adjunctive treatment with sleeping disorders night blindness issues (N=183). The therapy for
insomnia is being predominantly associated with the use of benzodiazepines for plenty of
periods. It has unique benefits over benzodiazepines which is having both in their
pharmacodynamics properties (Zopiclone, 2017). The David case can be easily being resolve
with proper recommendation of psychiatric treatments so that the condition of David can be
recover.
Medscape Morning Report:
Z-drugs consists of Zopiclone, Zolpidem that are widely prescribed as wider term
treatment for insomnia patients. However, the American geriatrics society beer criteria says that
they should be avoided and make use of older adults which has been related with falls, dementia
and physical addictions. A latest guideline provides an evidence that is based on algorithm to
guide the de-prescribing process for any kind of hypnotic agents. Most of the patients, has been
told that they can expect changes in cognition as well as reduction in the adverse effects. They
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are willing to discontinue their use and hamper daily life at the same time. in the young people
an aim of reduction with 25% of the dose in every 2 weeks in reasonable manner ( Charles Vega,
2018).
After going through all the case and evidence that are provided by the medical authority
as well as media articles, it has been found that Z-drugs is most harmful for the health of an
individual as faced by David. Thus, all the evidence is providing valuable facts regarding
reducing the impacts of this particular drugs from the David. In all these situation, David is not
being liable for any of the incident comes in front for them. Henceforth, as solicitor of David
Smith, all the evidence is clearly indicating that David is innocent in this particular cases or
actions that are imposed by the police on David.
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REFERENCES
Books and Journals:
Hussain, Z., Williams, G.A. and Griffiths, M.D., 2015. An exploratory study of the association
between online gaming addiction and enjoyment motivations for playing massively
multiplayer online role-playing games. Computers in Human Behavior. 50. pp.221-230.
Loebel, A. and et. al., 2014. Lurasidone as adjunctive therapy with lithium or valproate for the
treatment of bipolar I depression: a randomized, double-blind, placebo-controlled
study. American Journal of Psychiatry. 171(2). pp.169-177.
Online
AGDH. 2018. [Online]. Available through:
<http://www.health.gov.au/internet/main/publishing.nsf/content/a-z>.
Charles P. Vega. 2018.[Online]. Available through: <
https://www.medscape.com/viewarticle/897306 >.
Effects of zolpidem and other z-drugs. 2012. [Online]. Available through:
<https://www.nps.org.au/australian-prescriber/articles/hypnotic-hazards-adverse-effects-
of-zolpidem-and-other-z-drugs>.
E-lawresources.co.UK. 2017.[Online]. Available through: <http://www.e-lawresources.co.uk/>.
Zopiclone. 2017. [Online]. Available through: <https://beta.nhs.uk/medicines/zopiclone/>.
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