Bratty v AG for Northern Ireland defines automatism as "an act done by the muscles without...
...any control by the mind such as a spasm or reflex action."
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If the D was not acting automatically, what defence is used?
Insanity - M'Naghten rules.
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If the D was acting automatically, what question is then asked?
Was the automatic state caused by an internal or external factor?
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If the D's automatic state was caused by an internal factor, what type of automatism is this and what procedure does it follow?
Insane automatism. It will then follow the M'Naghten rules.
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Sane automatism is where the D's automatic state was caused by an...
...external factor.
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Sane automatism means that the D's AR was involuntary and the MR is non-existent. What are two examples of external factors?
Blow to the head and sneezing.
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What is the principle of R v T?
Exceptional stress can be an external factor in some circumstances.
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It is asked whether there was a total loss of voluntary control from the defendant before the acquittal is successful. What cases demonstrate this?
AG Reference No 2 of 1992 and Broome v Perkins.
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If the D's automatic state was self-induced, and they knew that their conduct was likely to bring about an automatic state the defence will fail unless...
...it is a crime of specific intent.
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What is the principle of Bailey?
If the D does not know that his conduct will lead to an automatic state, then he was not reckless in getting intoxicated and so may rely on the defence.
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What case demonstrates that if the D took drugs without realising their effect, the defence may succeed?
Hardie.
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Other cards in this set
Card 2
Front
Bratty v AG for Northern Ireland defines automatism as "an act done by the muscles without...
Back
...any control by the mind such as a spasm or reflex action."
Card 3
Front
If the D was not acting automatically, what defence is used?
Back
Card 4
Front
If the D was acting automatically, what question is then asked?
Back
Card 5
Front
If the D's automatic state was caused by an internal factor, what type of automatism is this and what procedure does it follow?
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