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8 Cards in this Set
- Front
- Back
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Difference between insane and non insane automatism |
Non insane automatism (external cause) is a complete defence is successfully pleaded whereas insane automatism (internal cause) results in a special verdict of not guilty by reaosn of automatism and involves the satisfaction of the M'Naughten rules. |
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When does automatism arise |
When D acts while in a state on unconsciousness or impaired consciousness; for example acting whilst suffering from concussion |
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What is automatism in relation to mens rea/actus reus? |
It is more than a claim that D lacked mens rea but a claim that he or she was not wilfully acting i.e. a denial of the actus reus |
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Rationale |
Exuse-D's act was not voluntary. A denial of culpability of blameworthingess. |
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Burden of proof |
Accused must raise some evidence for the assertion that he was in a state of automatism (using medical evidence) |
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Bratty v AG for Northern Ireland (burden of proof) |
Evidential burden merely requires laying a foundation with some evidence-one a foundation is laid the prosecution must rebut it beyond reasonable doubt |
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Stripp (burden of proof) |
Prosecution must then negative claim beyond reasonable doubt |
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Elements of the non insane automatism defence |
d must suffer a complete loss of voluntary control this must be caused by an external factor D was not at fault in losing capacity |
