Automatism

Question 1

What is automatism?

Answer 1

A plea that the accused was acting in a state of unconsciousness

Question 2

Differences from mental disorder?

Answer 2

Complete acquittal and lower burden of proof

Question 3

What case shows it is difficult to prove without expert evidence?

Answer 3

Murphy v Napier

Question 4

What are the three requirements set out in Ross?

Answer 4

A total alienation of reason
Caused by external factors
Which the accused was not bound to foresee

Question 5

What case states that total alienation means an inability to appreciate the nature or wrongfulness of the conduct?

Answer 5

Cardle v Mulrainey

Question 6

Which cases state that it is a complete loss of self-control?

Answer 6

Ross and Sorely

Question 7

What are obvious examples of external causes?

Answer 7

Drugs and alchol

Question 8

What are not obvious causes?

Answer 8

Diabetes

Question 9

Is Hypo- or Hyper- glycemia termed an external factor?

Answer 9

Hypo

Question 10

Which cases state that Hypoglycemia is an external factor?

Answer 10

Macleod v Matheison - HMA v Watret non were successful but because they did not meet other requirements

Question 11

What case tells us that sleepwalking is considered automatism in Scotland?

Answer 11

Finegan v Heywood

Question 12

Which case states that falling asleep at wheel is not automatism?

Answer 12

Alexander v Dunn

Question 13

Which cases speak to the fact that if the accused is bound to foresee the consequences they will not establish automatism?

Answer 13

Ebsworth v HMA (50 paracetmol)

Finegan v Heywood (knew about condition).