Basics Flashcards
Which case defines automatism
Bratty
What does Bratty define automatism as
An act done by the muscles without any control by the mind such as spasm, reflect action or a convulsion; or an act done by a person who is not conscious of what h is doing such as an act done whilst suffering from concussion or sleep walking
What are the two types of automatism
Insane automatism (Insanity) and non-insane automatism (automatism)
What is a state of automatism
Where an action is done involuntary
what types of situations can cause automatism
External or Internal factors
What does D have in terms on AR and MR
non-volunraty AR and no MR
How is it decided whether D can have the defence
The judge will decide if there is enough evidence to support a defence and then the jury will decide if D is successful in the defence or not
What is an external factor
One that originates from outside the body
What type of automatism is linked to an external factor
non-insane automatism
If it is caused by an internal factor what type is it
insane-automatism
What will a successful defence lead to
an acquittal
Up until 1991 if D was convicted on insane A what would happen
A full acquittal but would have to receive medical treatment
Under insane A a successful defence leads to a special verdict what does this mean
D is not guilty because of reason of insanity
What offences is automatism available for
All offences including murder except SLO where no MR is needed
Which case indicated automatism would not be available to SLO
DDP V Hall
