Automatism/Non-Insane Automatism (OCR A-Level Law): Flashcards

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Automatism/Non-Insane Automatism
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What is automatism?

Physical involuntariness from external factor

Successful automatism outcome

Complete acquittal

Legal burden to disprove automatism lies with

Prosecution (beyond reasonable doubt)

Automatism requires what type of factor?

External factor

R v Quick: insulin case result

Automatism - insulin is external factor

R v Hennessy: diabetes without insulin result

Insanity - diabetes itself is internal

Control loss needed for automatism

Total loss; partial control defeats defence

Self-induced automatism & basic intent crimes

Not available as defence

Self-induced automatism & specific intent crimes

Usually available as defence

A-G Ref No. 2 of 1992 principle

Partial control invalidates automatism

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