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Automatism Notes

This is a sample of our (approximately) 4 page long Automatism notes, which we sell as part of the Criminal Law Notes collection, a A package written at York College in 2015 that contains (approximately) 83 pages of notes across 41 different documents.

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Automatism

Hypnotic state Diabetic Concussion

Introduction:








Complete - attractive o No blemish on character o No criminal record o Walk free General - all crimes and SL (compare with insanity) Although D performed AR, they did not do so voluntarily Lack of consciousness - lack of MR or incapacity Common law defence D raises Judge decides whether to put defence to jury Prosecution has to disprove - burden of proof Medical evidence can be adduced o Hill v Baxter indicated plea should be supported by medical evidence - usually two medical reports to succeed o C confirmed that medical evidence is a requirement Limitations o Don't want it to be used as an excuse for those with truly criminal intention o Want it to be available to those who deserve it o Public policy Difficult balance

Bratty v AG for NI 1963:

Strangled girlfriend in course of epileptic fit - judge told jury that insanity was appropriate defence to consider - not given defence Lord Denning gave definition o Act done by muscles without control of mind e.g. spasm, reflex o Act done by person who is not conscious of what he was doing e.g. concussion, sleepwalking

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