Automatism Flashcards
1
Q
What should you do if it is insane automatism?
A
Insane automatism is a cause of a disease of the mind under the M’Naghten Rules so therefore consider insanity
2
Q
What does Lord Denning in Bratty v AG (1963) define non insane automatism as?
A
“An act which is done by the muscles without any control by the mind such as spasm, reflex actions or a convulsion”
3
Q
What is the first element of automatism?
A
- Completely involuntary
D’s loss of control by the mind must render the movement by his muscles as completely involuntary
Hill v Baxter - external cause
AG Ref No 2 of 1992 - needs to be total loss of control.
4
Q
What is the second element of automatism?
A
- Caused by an external factor
There must be a factor, external to the body of the defendant that has caused the involuntary behaviour, such as a serious blow to the head (R v Quick)
5
Q
What is the additional second element of automatism?
A
