AUTOMATISM (defence)

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AUTOMATISM: general defence; verdict of NOT guilty. Burden of proof is on the prosecution and standard of proof; beyond reasonable doubt 

  • IS THERE CONDUCT INVOLUNTARY?  " an act which is done by the muscles without control of the mind" - e.g reflexes, sneezing and seizures ( R V Bratty), D must have absolutley no control of his movements ( AG ref 2 of 1992). 
  • EXTERNAL FACTOR? e.g. intox, blow to the head or a vechile malfunction, R…

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