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38784274
Automatism
Descrição
DEFENCE
Sem etiquetas
iamg structure
law
a level
Mapa Mental por
Lil_ C
, atualizado more than 1 year ago
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Criado por
Lil_ C
aproximadamente 1 ano atrás
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Resumo de Recurso
Automatism
Elements
1.External Cause
R V T (1990)
D was raped and then proceeded to commit robbery and an assault. D claims it was PTSD induced.
Stress and PTSD can amount to an external factor.
R V Quick (1973)
D took insulin but did not eat, he attacked a patient. Pleaded not guilty to assault as he was suffering from a hypoglycaemic episode.
Hypoglycaemia is an external factor
2.Involuntary loss of control
AG Reference (No 2 of 1992) (1993)
D was a lorry driver. He hit a stationary vehicle killing 2. He suffered from a trance like state called "Driving without awareness".
It was only a period of loss of control so did not amount of automatism. Defence requires high degree of loss of reasoning,
Broome V Perkins (1987)
D suffered from Hypoglycaemia.
D was convicted of driving without due care.
3. Self-Induced automatism
1. Drugs taken under medical prescription.
R V Bailey (1983)
D suffered with diabetes. D struck V with iron bar. D had a sugar deficiency.
D was guilty it was self induced. He was armed with a Iron bar.
2. Unknown effects
R V Hardie (1985)
D took tablets which were not prescribed. He then set fire to a wardrobe.
CA Quashed his conviction. The d thought it would calm him down. D was not reckless.
Definition
a) A defendant had s total loss of voluntary control b) Caused by an external cause
R V Bratty (1693)
Lord Denning: An act done by the muscles without any control by the mind.
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