A state of unconsciousness or impaired consciousness where a person suffers from involuntary movements
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How did Lord Denning define automatism and in what case?
In Bratty - an act which is done without any control of the mind such as a spasm/reflex/convulsion
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What are external factors that can cause this?
A blow to the head, medicine, sleepwalking, post traumatic stress disorder, anaesthetic, hypothetical situations
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What is a case example on diabetes?
Bailey - had been a diabetic for 30 years, took insulin but did not eat and ended up causing malicious wounding to his ex girlfriend's new boyfriend
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What is a case on post traumatic stress disorder?
T - got ***** and three days later committed abh and robbery
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What is a case concerning an attack?
Roach - committed GBH as he was suffering from an underlying mental condition
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What is a case concerning sneezing?
Whoolley - sneezed and crashed into the cars infront of him
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What is a case concerning hypoglycaemia?
Broome v Perkins - drove erratically claiming to be in a hypoglycaemic state but if he was he would not have been able to operate the car
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What is another case on this issue?
Watmore v Jenkins - drove dangerously due to hypoglycaemia but if that was true he would not have been able to drive
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What are the principles arising from the cases?
Depression and stress are not external factors but in extreme cases can be, underlying mental conditions triggered by alcohol count, only external causes, only in strict liability if he is truly unable to control his movements
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What are the procedural issues?
D is presumed to be sane and in control of his actions, anyone wishing to rely on the defence needs to prove at the time he was suffering under the issue, burden of proof is different from insanity
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What are the reform proposals?
Common law rules should be abolished, new defence would be much narrower; not covering medical conditions but extend strict liability offences
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Other cards in this set
Card 2
Front
What is the definition of automatism?
Back
A state of unconsciousness or impaired consciousness where a person suffers from involuntary movements
Card 3
Front
How did Lord Denning define automatism and in what case?
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