Defences -Automatism Flashcards
What is the test for non insane automatism?
> must be an involuntary act
must be caused by an external factor
total loss of mental faculty
the accused must be blameless
For it to be an involuntary act, the person must what?
Not be conscious of what they are doing?
What external factors may caused an automaton state?
Concussion, swarm of bees and sneezing
What case demonstrated continuous sneezing?
Whoolley 1997
Which case demonstrated PTSD which resulted in an automaton state?
R v T 1990
What was R v T 1990 about?
She was raped and then a couple of days later she burgled a house and assaulted someone, she claimed it was because of an automatic state
Who will have the defence of automatism?
Someone who is legally sane but for whatever reason cannot control their actions