Defence Of Automatism Flashcards
What is the definition of Automatism?
An act done by the muscles without any control by the mind. Or an act done by a person who is not conscious of what he is doing
In what case was this definition created in?
Bratty v Attorney General for Northern Ireand
What are the two types of automatism?
Insane automatism
Non-insane automatism
Explain insane automatism? What defence is used? And what verdict is used?
where the case of automatism is a disease of the mind within the M’Naughten rules.
In such cases the defence is insanity
and the verdict is not guilty by reason of insanity
Why is non-insane automatism a defence?
Because the actus Reus is not voluntary and the defendant does not have the required mens rea for the offence.
Non-insane automatism must be caused by a _____ factor. Give two examples
External Being stun by bees Sneezing fit Blow to the head (Any other suitable examples)
What happened in the case of Hill v Baxter? What was the verdict? Was there an appeal and what was it’s result?
The defendant drove through a halt sign and he told the magistrates he could not remember anything for some distance before he did. The defendant was acquitted of dangerous driving because of this. The prosecution appealed and the appeal was allowed and on return he was convicted as there was no evidence to support automatism
What was the significance of Key v Butterworth?
It was stated that a person should not be convicted if, through no fault of their own, they lose control due to an external cause.
What was accepted in R v T
it was accepted that exceptional stress can be an external factor which may cause automatism, although the defence
What did Attorney General’s Reference (No 2 of 1992) (1993) state?
Reduced or partial control of one’s actions is not sufficient to constitute non-insane automatism
