Defences: Automatism Flashcards
Who is the burden of proof on?
The prosecution.
What does the prosecution have to disprove?
That D was acting under automatism, by showing that D’s act was voluntary.
What does D claim by using this defence?
Their actus reus was involuntary and it would be unfair to punish them as they also did not have the mens rea for the offence.
What type of defence is automatism?
A full defence.
What is the result of a successful use of this defence?
An acquittal.
What case defines automatism?
Bratty v AG
What is the definition of automatism?
“Without any control of the mind.”
What is inlcuded under automatism?
- Reflexes.
- Spasms.
What must there be?
An external factors.
What was held in R v Whooley?
Sneezing is an external factor.
What was held in R v Hill?
A swarm of bees is an external factor.
What was held in R v T?
PTSD is an external factor.
What was held in R v Hennessey?
Too little insulin is an internal factor and therefore insanity.
What was held in R v Quick?
Too much insulin is an external factor and therefore automatism.
What was held in R v Bilton?
Sexsomnia is classed as an automatism.
What did AG Ref state?
D must have a complete destruction of voluntary control.
