Law

Subdecks (3)

Cards (131)

  • Automatism was defined in what case?
    Bratty v A-G-for-Northern-Ireland
  • Automatism is defined at what?
    an act done by the muscle without control of the mind
  • AG’s ref 2 of 1992 states what?

    D must have lost control of their actions rather then impaired control
  • Automatism requires what?
    An external cause
  • Being diabetic but not eating properly is?
    external
  • Self induced automatism can Be a defence for what?
    Specific intent crimes
  • Self induced automatism cannot be a defence for what?
    Basic intent crimes
  • What’s the exception about basic intent crimes and self-automatism
    Can be a defence if Defendant unaware of risks
  • Is consent a full defence?
    Yes
  • Consent is only a full defence for what type of offence.
    Non-fatal offences
  • Consent can be what?

    Express or implied
  • What is the general rule for consent?
    It is not in the public interest for people to cause bodily harm
  • exemptions to the general rule of consent
    1. Legal sports (coley and barnes)
    2. surgical interference, (male circumcision allowed but not female genital multination)
    3. lawful chastisement ( if reasonable)
  • Implied consent is used in what form of violence?
    jostling (Wilson v Pringle) and rough horseplay (JONES)
  • Consent can be given with risk of STD but not with what?
    intention to spread disease
  • Consent is not a defence to what?
    sado-masochistic sexual activities
  • Cases for sado-masochistic sexual activities
    (Brown) and (Emmett)
  • Consent can be a defence for body adornment such as tattoos but not what?
    Extreme adornment such as tongue splitting
  • is Submission through fear a defence?
    no
  • Consent must be real, this means what?
    There is no deception or V must comprehend nature of consenting
  • Genuine mistake of consent can be a defence?
    yes
  • If V is mentally incapacitated can decision's be made on their behalf
    Yes