Defences -Automatism Flashcards

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1
Q

What is the test for non insane automatism?

A

> must be an involuntary act
must be caused by an external factor
total loss of mental faculty
the accused must be blameless

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2
Q

For it to be an involuntary act, the person must what?

A

Not be conscious of what they are doing?

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3
Q

What external factors may caused an automaton state?

A

Concussion, swarm of bees and sneezing

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4
Q

What case demonstrated continuous sneezing?

A

Whoolley 1997

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5
Q

Which case demonstrated PTSD which resulted in an automaton state?

A

R v T 1990

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6
Q

What was R v T 1990 about?

A

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

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7
Q

Who will have the defence of automatism?

A

Someone who is legally sane but for whatever reason cannot control their actions

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