automotism Flashcards

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1
Q

what is the deffinition of automatism

A

an act done by the muscles without any control by the mind or done by a person with no concious

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2
Q

what case defines automotism

A

Bratty v Attorney genral for NI

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3
Q

what type of defence is automatism

A

a complete defence

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4
Q

who decices weather the defence is accepted

A

the judge

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5
Q

what is the AR and MR for automatism

A

AR- non voulantary
and a lack of MR

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6
Q

what type of cause must be the cause of automatism

A

an external cause

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7
Q

give an example of some external causes

A

blow to the head
bees hill v baxter
drugs

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8
Q

what is self induced automatism

A

where d brought about their automatic state by their own voulantary conduct eg by taking medicin not perscribed to them

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9
Q

what rules apply to self induced automatism

A

rules of toxication

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10
Q

for specific intent crimes can you use the defence with self induced automatism

A

yes

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11
Q

what are some examples of specific intent crimes

A

murder
theft
burglary

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12
Q

for basic intent crimes can you use the defence with self induced automatism

A

possibly
dependant on weather d had prior fault

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13
Q

what are basic intent crimes

A

crimes that involve recklessness

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14
Q

what case set out the rules on weather you can use self induced automatism on basic intent crimes

A

R v baily

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15
Q

for basic intent crimes when can you not use the defence with self induced automatism

A

if d was reckless
if the intoxication was through drink or illegal drugs R v Majewski

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16
Q

for basic intent crimes when can you use the defence with self induced automatism + case

A

if you didnt realise the risk
R v Hardie