Automatism Flashcards
1
Q
What is meant by automatism?
A
Automatism is a defence when the D ‘s mind is not controlling his limbs in a purposeful manner.
2
Q
Is mens rea required?
A
No, the individual may not be conscious of their actions, e.g. sleep walking.
3
Q
What was the quote established from Bratty (1963)?
A
“an act which is done without any control by the mind such as a spasm, reflex action or a convulsion”.
4
Q
What are the 2 types?
A
1) Insane automatism (insanity)
2) Non insane automatism (automatism)
5
Q
What type of defence is automatism? Expand.
A
It is a full mental capacity defence. The D will be acquitted if the defence is successful as the act wasn’t voluntary.
6
Q
What type of factor must cause automatism?
A
An external factor.
7
Q
Name examples of external factors.
A
- Sneezing
- Hypnotism
- The effect of a drug
8
Q
A
