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Automatism: Comparison of Common Law and Civil Law Approaches – A Search for the Optimal, (2002) 10 Journal of Law and Medicine, 61. Glass, H. H., Hypnosis and the Law, (1971) 3 Australian Journal of Forensic Science, 162-167; Gould, Patricia E., Automatism: The Unconsciousness Defence to a Criminal Action, (1978) 15 San Diego Law Review, 839 ...
Automatism is a state where the muscles act without any control by the mind, or with a lack of consciousness. [3] [4] One may suddenly fall ill, into a dream like state as a result of post traumatic stress, [5] or even be "attacked by a swarm of bees" and go into an automatic spell. [6]
The case was abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder.
In criminal law, irresistible impulse is a defense by excuse, in this case some sort of insanity, in which the defendant argues that they should not be held criminally liable for their actions that broke the law, because they could not control those actions, even if they knew them to be wrong. [1]
R v Parks, [1992] 2 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence. [2] On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario, to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire ...
The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant.
Automatism (law), a defense used in criminal law; Automatism (toxicology), when an individual repeatedly takes a medication because the individual forgets previous doses; Automatic writing, the process, or product, of writing material that does not come from the conscious thoughts of the writer; Surrealist automatism, an art technique
In R v Mkize, an important case in South African criminal law, especially as it pertains to the defence of automatism, the accused was charged with the murder of his sister, whom he had stabbed to death. The court found, on a balance of probabilities, that he had suffered an attack known as "epileptic equivalent."