D ignored a road sign that said “halt” and carried on, causing his van to crash. He was charged with dangerous driving. D said he had had a “black out” and was not in control of his actions. Two inconclusive medical reports were submitted. The magistrates allowed this and acquitted him. QB allowed the prosecution’s appeal, saying that D had failed to prove a state of automatism and that the onus was on D to so prove. Also they said that unless statute provides, medical evidence has no place in establishing mental conditions: it is to be deduced from evidence under oath.
