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Defences
Insanity
Automatism (non- insane automatism)
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Created by
Maddie
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Cards (7)
What needs to be proven?
1 ) Involuntary act
2)Caused by an external factor
Broome v Perkins?
drove car with low
blood sugar
, became
unpredictable
guilty- had
consciousness
when getting in car
R v Smith?
medication for pre-menstrual tension led to violent outbursts
waited outside police station, laid into officer
Guilty- internal factor, not voluntary
R
v
Roach
D attacked v with a
knife
, judge
wrongly
advised jury
up to the jury to decide if it's
external
or not
Self induced automatism?
d must have no idea it would lead to consequence or be aware of possiblity but not taken preventative action
What does self- induced automatism depend on?
level of
foresight
of defendant
specific
or
basic
intent
R V Bailey
?
Suffered
diabetes
, took
insulin
Attacked man , went to house with iron bar
Failed - intent and reckless