Automatism Flashcards
where is the burden of proof on?
prosecution to disprove
what must the defendant claim for automatism?
2
actions were involuntary AR
(unfair to punish)
Didn’t have MR for the offence
what sort of defence is this
full defence
what is the result of a full defence?
acquital
what case defined automatism?
BRATTY
What did bratty establish?
an action without any control of the mind
reflex
what sort of factor must it be from?
external factor
what case defines external factors (sneezing)
wooley
what case defines external factors (swarm of bees)
hill
what does the case of T define?
that PTSD can be classed as an external factor
when would diabetes be automatism and a case?
taking too much insulin
QUICK
What case defines involuntary action?
A-Gs references
what does A-Gs references say?
must be a total lack of awareness, not partial
what does the case of Hardy say?
if a drug has an opposite effect it can be classed as
automatism
OR
intoxication
What is the rule for self-induced condition and case?
not have a defence if it is basic intent (MR is intention or recklessness)
BAILEY
