Automatism and Mistake Flashcards

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1
Q

Automatism

A

D suffers a complete loss of voluntary control, caused by an external factor, D is not at fault in causing the factor.

Denial of AR and MR.

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2
Q

Coley

A

Complete destruction of voluntary control is necessary; voluntary intoxication, in this case marijuana is not succulent for complete loss of voluntary control.

D was at fault in causing the external factor.

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3
Q

Quick and Hennessy

A

External factor of hyperglycaemia…
Cases are distinguished; Hennessy could rely on as it was a result of insulin. But, it was Quicks own fault, knew had diabetes and knew consequences of not eating.

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4
Q

Mistake

A

In relation to consent and self defence.

Reasonable mistake - Beckford thought was being attacked so stabbed.
Unreasonable mistake - Oye.
Drunken mistake - Kingston (Intoxicated intent is still intent) and Hatton (defendants drink was laced but still had MR) - thinks being attacked so attacks back.

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5
Q

Beckford

A

Thought was being attacked but wasn’t - reasonable mistake.

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6
Q

Oye

A

Unreasonable mistake - had delusion, but force still not reasonable on the facts.

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7
Q

Kingston

A

Drunken mistake - intoxicated intent is still intent.

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8
Q

Hatton

A

Drunken mistake - laced drinks. But, still had mens rea and so couldn’t rely on; thinks being attacked, would reasonable person acted in that way if sober.

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