AUTOMATISM

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  • Created by: Rebeka188
  • Created on: 12-04-16 21:22
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  • AUTOMATISM
    • Definition   'no act is punishable if it is done involuntarily - done by the muscles without any control of the mind, sich as a spasm, reflex or convulsion or and act done by a person who is not conscious of what he is doing such as an act done whilst sleepwalking or suffering from concussion (Denning in Bratty v Atorney General for N.I.)
    • must be caused by external cause (must be extraordinary: Hennessy)
      • physical causes
        • Burns v Bidder: break failure
        • Hill v Baxter: heart attack, driving
      • Hypoglycaemia(Quick), Post traumatic stress syndrom:RvT, Carbon Monoxide poisoning(Ritchie), medically prescribed drugs(King), confusional arousal state(Lowe), epileptic fit(Cox v Ravlinson vs Sullivan)
        • Hypoglycaemia =  O for Outside source of too much insulin = Non-insane  Hyperglycaemia = Hyper as in a sugar rush with no insulin to counteract it- Inside source of the condition of diabetes itself = insane.
          • Hennessey: forgot to take medication due to stress, anxiety, depression: constitute a state that is prone to recur, lack the feature of novelty
          • Quick: 'if it could reasonably have been foreseen you lose the defence': objective test
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