Automatism

Question 1

when can the defence of non insane automatism may apply

Answer 1

where there is an involuntary action a mental capacity defence. It is a full defence. The burden of proving automatism is on the defence who must prove it on the balance of probabilities

Question 2

who was automatism defined in

Answer 2

Bratty v A-G for northern Ireland as an act done by the muscles without any control by the mind such as a spasm a reflex action or a convulsion not conscious of what he is doing suffering from concussion

Question 3

automatism known as non insane automatism requires an

Answer 3

external cause. it occurs where the actus reus is not voluntary due to an external cause such as those listed in Bratty plus sneezing hypnotism a blow to the head attack a swarm of bees and post traumatic stress disorder many of which where set out in Hill v Baxter

Question 4

being diabetic but not eating properly

Answer 4

is an external cause and is automatism not insanity Quick

Question 5

what is self induced automatism

Answer 5

is where the defendant the defendants conduct brings on an automatic state, applies differently to offences of specific and basic intent Bailey