Automatism case cards

Question 1

Bratty (1963)

Answer 1

Area: Automatism
Element: Strangling/assault
Facts: Defendant strangled girlfriend with stocking whilst blacking out
Principle: The burden of proof lies with the prosecution to prove that intention was present

Question 2

Hill v Baxter (1958)

Answer 2

Area: Automatism
Element: Dangerous driving
Facts: Defendant hit car and claimed he was blackout when the events occurred
Principle: No defence that D was suffering a black out