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OCR A Level Law Paper 1 Section B- Automatism

Use these for your answers: R v Quick, Was the automatism self induced?, DPP v Majewski & R v Coley, Was the act voluntary?, Browne v Perkins, Basic Intent Crimes, R v Hardie, Bratty v AG for Northern Ireland, Specific Intent Crimes Was it caused by an external factor? R v T, R v Bailey,
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Last updated: May 21, 2024
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First submittedMay 21, 2024
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Hint
Answer
Which case established that automatism must be caused by an external factor?
Bratty v AG for Northern Ireland
1st Factor to prove for automatism:
Was the act voluntary?
2nd Factor to prove for automatism:
Was it caused by an external factor?
3rd Factor to prove for automatism:
Was the automatism self induced?
Establishing if the act was voluntary: must be a total loss of control; case:
Browne v Perkins
Establishing if the act was voluntary: Can include PTSD- Case:
R v T
Hint
Answer
External Cause: Inability to control actions must be external- Case:
R v Quick
Self induced automatism: Case that established the defence may not be available if the automatism was caused by the defendants own fault:
R v Bailey
Which crimes can the defence not be used for if the D was reckless in getting into a state of self induced automatism?
Basic Intent Crimes
which cases established that self induced automatism can not be used if it was caused by intoxication as it is seen to be reckless?
DPP v Majewski & R v Coley
Case that stated automatism can be used if the D hadn't realised their actions would put them in a self-induced automatic state:
R v Hardie
May be available for these types of crime as recklessness is not an MR element:
Specific Intent Crimes
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