10.2 Automatism Flashcards
(5 cards)
1
Q
Where does the defence of automatism come from?
A
Common law defence
2
Q
Two types of automatism
A
- Insane
- Non-Insane
3
Q
Which 2 cases defined automatism, with definiton
A
(Bratty v AG for NI)
‘any act done by the muscles without the control of the mind, such as a spasm, reflex or any act done by a person who is not conscious’
(Wilson et al)
‘when the D’s conscious mind is disassociated from the part of mind that controls action’
4
Q
List of potential examples of when a D is acting involuntarily: automatism
A
(R v Hill v Baxter)
- health events
- reaction to being struck by something
- bee stings
5
Q
Self induced automatism
A
(R v Quick)
* When a D knows their actions will induce automatism
(R v Bailey)
* If it is proved the D knew this, no defence
