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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]
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."
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 ...
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) [a] in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims.
Criminal law, criminal liability, automatism, epilepsy, culpable homicide In R v Schoonwinkel , an important case in South African criminal law , particularly as it applies to the defence of automatism , the driver of a motor vehicle was charged with culpable homicide, having collided with and killed a passenger in another car. [ 1 ]
R v Bailey is a 1983 decision of the Court of Appeal of England and Wales considering criminal responsibility as to non-insane automatism.The broad questions addressed were whether a hampered state of mind, which the accused may have a legal and moral duty to lessen or avoid, gave him a legal excuse for his actions; and whether as to any incapacity there was strong countering evidence ...
R v Quick [1973] QB 910 is an English criminal case, as to sane automatism and the sub-category of self-inducement of such a state. The court ruled that it may not be used as a defence if the defendant's loss of self-control was on the part of negligence in consuming or not consuming something which someone ought to but the jury must be properly directed so as to make all relevant findings of ...
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