Automatism

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  • Created by: _marxlee
  • Created on: 09-05-17 21:24
Automatism requires the defendant to show that his act was...?
1.Involuntary, 2.Due to an external factor.
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what is meant by an involuntary act?
The defendant’s act must be involuntary in that that his mind is not controlling his limbs in a purposeful manner.
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what type of self control needs to be established for it to be classed as an IV action?
total lack of control
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What was the decision in Bratty?
No act is punishable if it is done involuntarily and an involuntary act means an act which is done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion
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what happened in in Attorney General Reference No 2 of 1992
, the defendant killed two people whose car was on the hard shoulder of the motorway. He claimed he was driving his lorry ‘without awareness’, caused by driving for a long time on the motorway and was in a trance-like state.
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what was it held in Attorney General Reference No 2 of 1992
that he was still partly in control so automatism did not apply. There must be a total loss of control.
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what factor must cause the automatism?
an external factor
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what is an example of this?
a blow to the head
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can the automatism be self induced?
nope
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what are examples of external factors?
attack by a swarm of bees (hill v baxter), sneezing (r v whooley), effect of a drug (hardie), exceptional stress or ptsd (r v t)
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what was held in the case of R v T?
this was an external cause and the D could argue Automatism.
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what was held in the case of Quick?
Held D was suffering from automatism, which is a mental abnormality caused by an external factor. He was suffering hypoglycaemia (low sugar in the blood) by taking insulin prescribed by his doctor but failing to eat after.
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what was held in the case of hennessey?
that the defence of automatism was not available to him as the diabetes was an internal factor. The only possible defence for a jury to consider was insanity.
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true or false? the courts will allow the defence when the d has brought the state about the state of automatism or is aware this may happen
false- they will not allow the defence
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what was held in Bailey?
his defence of automatism failed as he was reckless in getting into this hypoglycaemic state – it was self-induced.
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what was held in Hardie?
D had taken Valium in order to calm down, which is the normal effect of Valium, the D had not been reckless and the defence of automatism should have been left to the jury.
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what else did the court suggest?
Where prescription drugs are taken sensibly and D has an unexpected reaction the defence of automatism can be raised as this is an external cause of the loss of control.
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Other cards in this set

Card 2

Front

what is meant by an involuntary act?

Back

The defendant’s act must be involuntary in that that his mind is not controlling his limbs in a purposeful manner.

Card 3

Front

what type of self control needs to be established for it to be classed as an IV action?

Back

Preview of the front of card 3

Card 4

Front

What was the decision in Bratty?

Back

Preview of the front of card 4

Card 5

Front

what happened in in Attorney General Reference No 2 of 1992

Back

Preview of the front of card 5
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