Automatism Flashcards

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1
Q

How is automatism defined in Bratty v Attorney General for NI?

A

An act done by the muscles without any control by the mind, for example a spasm, reflex action or convulsion

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2
Q

What is the defence of non-insane automatism?

A

The actus reus is not voluntary and because of the automatism, the defendant cannot have the mens rea

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3
Q

What was held in Hill v Baxter regarding automatism?

A

There is no fault when the defendant is in an automatic state from an external cause (Hypnotism, sneezing fit or blow to the head)

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4
Q

What was held in R v T regarding automatism?

A

The defendant committed robbery while suffering from PTSD.
Exceptional stress may be an external cause of automatism

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5
Q

What did Att. General’s Reference (No. 2 of 1992) state regarding automatism?

A

There has to be a total loss of control, and a reduced or partial loss of control is not sufficient

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6
Q

What is self induced automatism?

A

The defendant knows their actions are likely to bring on an automatic state

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7
Q

What is specific intent in automatism?

A

Offences where the mens rea is only intent, such as murder or S.18 OAPA 1861 offences

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8
Q

What is basic intent in automatism?

A

Offences where recklessness also forms the mens rea, such as manslaughter, s.20 and s.47 OAPA 1861 offences

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9
Q

What happens if automatism results from improper actions or failure by the defendant?

A

Automatism can be used as a defence for specific intent offences

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10
Q

What happens if automatism results from the defendant knowing there was a risk of becoming an automated state?

A

Automatism CANNOT be used as a defence for basic intent offences

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11
Q

What was held in R v McGhee regarding automatism?

A

Automatism couldn’t be used due to voluntary intoxication

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12
Q

What was held in R v Hardie regarding automatism?

A

It was held that he had not been reckless in the use of drugs and the defence should’ve been left for a jury to decide

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13
Q

What was held in Broome v Perkins?

A

Any evidence of control on D’s part will cause the defence to fail

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