Evidential BOP – on the defence (R v C (Barry))
Full defence.
No MR
Capacity Defences- Automatism (non insane)
Definition: Lord Denning in Bratty v A-G for Northern Ireland - Self-Induced Automatism
“an act which is done by the muscles without any control by
the mind(…)or an act done by a person who is not conscious of
Automatism not available if D knows
what he is doing”
their conduct will cause automatic state
Exception:
Must be an External Factor (Hill v Baxter) - If D did not realize his actions would
cause automatic state and was not
reckless then defence is available.
Must be a total LOC = Must be no
element of control (A-G Ref No.2 1992)
Full defence.
No MR
Capacity Defences- Automatism (non insane)
Definition: Lord Denning in Bratty v A-G for Northern Ireland - Self-Induced Automatism
“an act which is done by the muscles without any control by
the mind(…)or an act done by a person who is not conscious of
Automatism not available if D knows
what he is doing”
their conduct will cause automatic state
Exception:
Must be an External Factor (Hill v Baxter) - If D did not realize his actions would
cause automatic state and was not
reckless then defence is available.
Must be a total LOC = Must be no
element of control (A-G Ref No.2 1992)
