Automatism Flashcards
Which case defined automatism?
Bratty v. Attorney General for Northern Ireland, ‘any action done by the muscles that has no control of the mind’.
What are the three parts of automatism?
1) total loss of control
2) caused by an external factor
3) that was not self-induced.
What happened in Broome v. Perkins?
There was medical evidence to suggest the d. still had some control when he crashed his car.
What did R v. T demonstrate?
D. was raped placing her into a state of unconsciousness - she was therefore allowed automatism as being raped was an external factor.
What did Hill v. Baxter estalish?
It was for the jury to distinguish between a fraudulent claim and a true auotomaton.
What did R v. Lowe establish?
Being suddenly woken was not automatism.
What happened in R v. Bailey?
The recklessely failed to eat after taking insulin.
What occured in R v. Lipman?
The d. took drugs and hallucinated and then killed his parter - he could not rely on the defence as he rendered himself and automaton.
What is the burden and effect of the defence?
May require medical evidence to raise. If raised, for the prosecution to prove beyond all reasonable doubt the defence does not apply. If successful, it will lead to a full acquittal.
