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criminal
defences
automatism
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Created by
summer halton
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Cards (16)
full
defence resulting in
aquittal
defined in
bratty
v
ag
def
- an act done by the
muscles
without any
control
by the
mind
such as a
spasm
or
convulsion
bop
is on pros to disprove
must be total loss of
contorl
(
hill
v baxter)
not a
reduced
or
partial
loss (a-g no 2)
must be an
external
factor
external
includes -
bees
-
hypnotism
-
drugs
stress
(r v t)
if from
external
state of
insulin
(quick)
sleepwalking
(burgess)
self induced
- defence to specific intent not basic intent (
bailey
)
if charged with
basic
intent - p must prove d was
reckless
cannot use defence if intox (
majewski
)
if they don;t know it will bring on a state they haven't been
reckless
(
hardie
)
commits
basic intent with
prior
intent can't rely on defence (
coley
)