the prosecution must raise and it is for the defence to disprove on the balance of probabilites.
...the defendant raises and the prosecution must then disprove it.
...the defence must prove on the balance of probabilites.
7. 'Non-insane' automatism is....
Where the cause is an external one. Where such a defence succeeds, it is a complete defence and the defendant is not guilty.
where the cause is an internal one. Where such a defence succeeds, it is a partial defence which the offence is still charged but a lesser sentence is given.
where the cause is an internal one. Where such a defence succeeds, it is a complete defence and the defendant is not guilty.
where the cause is an external one. Where such a defence succeeds the verdict given is not guilty by reason of automatism.
where the cause of automatism is a disease of the mind within the M'Naghten Rules. In such a case the defence is insanity and the verdict is not guilty by reason of insanity.
8. Where the automatism is self-induced and the crime is one of basic intent, which of the following is false?
If the defendant does not know his actions will cause an automatic state, then by the case of 'Hardie' the defendant has not been reckless and can use the defence of automatism.
The prosecution must not prove the element of direct intention for the particular offence he is charged with.
If the automatic state is caused by drink or drugs, the defendant cannot use the defence as it was decided in 'Majewski' that becoming voluntarily intoxicated is a reckless course of conduct.
9. Which of the following cases was where self-induced automatism was allowed as a defence?
Hardie
M'Naghten
DPP v Majewski
Bailey
10. What is the difference between 'insane automatism' and 'non-insane automatism'
'Non-insane automatism' is where the automatism is caused by an external factor and 'insane automatism' is where the automatism is caused by a disease of the mind.
'Non-insane automatism' is where the automatism is caused by post traumatic stress and 'insane automatism' is where the automatism is caused by a disease of the mind set out in the m'Naghten rules.
