When someone commits a crime when their actions are involuntary - from an external cause.
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What are the requirements of the defence?
The act must be completely involuntary, it must not be self induced, and it must include an involuntary action from an external source.
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What is the burden of proof in this case?
The defendant has to prove it himself.
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What are external factors which someone can plead automatism for in court?
Medicine, spiked drinks/food, extreme situations (hive of bees), hyperglycemia, hypnosis, blow to the head, post traumatic stress disorder.
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What is a case example of automatism about diabetes?
Quick - the appellant was a nurse at a hospital when he attacked a patient, although plead for automatism due to him taking insulin and not enough food. Hyperglycemia.
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A case example including a car?
R v Whooley - the defendant sneezed causing a crash and a domino effect in front.
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A case on post traumatic stress disorder?
R v T - T took part in a robbery and was charged with robbery and ABH, but raised automatism as she was suffering PTSD from ****.
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What is a case example demonstrating that automatism must be self induced?
R v Bailey - a man struck his ex's lover on the head and raised automatism because the effect of sugar and water sent him into a hypoglycemic state.
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What is a case example demonstrating that there must be an involuntary action arising from an external source?
R v Kemp - the D made a motiveless attack on his wife due to having hardened arteries in his brain which can lead to a congestion of blood. Held - disease of mind, not external.
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Another?
Bratty V AG - the appellant strangled a women whilst giving her a lift, and dumped her body. Suffered from epilepsy, was not conscious. Held - insanity.
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A case demonstrating that the act must be completely involuntary?
Broome v Perkins - the appellant was diabetic and was driving erratically whilst suffering from hypoglycemia. Defence failed as he had enough awareness to drive away from cars and avoid a crash.
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Other cards in this set
Card 2
Front
What are the requirements of the defence?
Back
The act must be completely involuntary, it must not be self induced, and it must include an involuntary action from an external source.
Card 3
Front
What is the burden of proof in this case?
Back
Card 4
Front
What are external factors which someone can plead automatism for in court?
Back
Card 5
Front
What is a case example of automatism about diabetes?
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