Which case defines automatism as an act done by the muscles without control by the mind?

Bratty v Attorney-General for Northern Ireland [1963] defined an involuntary act as one done by the muscles without mental control. Lord Denning gave a spasm, a reflex action and a convulsion as examples.

Does a mere loss of concentration make driving involuntary?

A loss of concentration falls far short of involuntary conduct. The driver still directs the vehicle and remains in control of the body.

What degree of loss of control does involuntariness require?

Involuntariness requires a total destruction of voluntary control. Reduced or partial control leaves the conduct voluntary in law.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

Topic overview Delegated legislation and enabling Acts Statutory instruments By-laws Orders in Council and Henry VIII powers Parliamentary controls on delegated legislation Judicial control and the ultra vires doctrine Reasons for the use of delegated legislation Advantages and disadvantages of delegated legislation Devolved legislatures

Statutory Interpretation

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Judicial Precedent

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The Civil Courts and Civil Process

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Legal Personnel

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Tort: Defences and RemediesTort

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Criminal Law: General Elements of LiabilityCriminal

Topic overview Actus reus: conduct, consequences and states of affairs Voluntary and involuntary conduct Liability for omissions Factual causation Legal causation and intervening acts Intention: direct and oblique Recklessness, negligence and transferred malice Coincidence of actus reus and mens rea Strict liability and the Gammon tests

Criminal Law: Offences Against the PersonCriminal

Topic overview Murder: elements and malice aforethought Voluntary manslaughter: loss of control Voluntary manslaughter: diminished responsibility Unlawful act manslaughter Gross negligence manslaughter Assault Battery Actual bodily harm under section 47 Malicious wounding and grievous bodily harm under section 20 Wounding and grievous bodily harm with intent under section 18

Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

Criminal Law: Necessity Defences and Preliminary OffencesCriminal

Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

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Human Rights: Convention ProvisionsHuman rights

Topic overview Article 5 and the right to liberty and security of the person Article 5 exceptions, safeguards and restrictions Article 6 and the right to a fair trial Article 6 and the nature of an absolute right Article 8 and the right to respect for private and family life Article 8 exceptions, restrictions and positive obligations Article 10 and freedom of expression Article 10 exceptions and restrictions Article 11 and freedom of peaceful assembly and association

Human Rights: Restrictions on Convention RightsHuman rights

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Human Rights: EnforcementHuman rights

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Topic overview Criticisms of the Human Rights Act The case for keeping the Human Rights Act The case for a UK Bill of Rights The case against a UK Bill of Rights The United Kingdom and the Convention system The Equality and Human Rights Commission Protection beyond the Human Rights Act The future of rights protection

The Nature of Law

Topic overview Legal rules, other norms and the sources of law Law and society: fault and competing interests Law and morality Law and justice: theories of justice

Criminal Law: General Elements of Liability

Voluntary and involuntary conduct

3 things to know
Components 2 and 3

Overview

Involuntary conduct, difference between an involuntary act and an accident and conduct rendered involuntary by an external factor.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

Why must conduct be voluntary before criminal liability arises?

Key term

What is meant by involuntary conduct?

Numbers

How did Hill v Baxter [1958] illustrate involuntary driving?

Questions from this subtopic

Each one with the model answer underneath.

1
Why must conduct be voluntary before criminal liability arises?
Model answer
Criminal law punishes choices, and an involuntary movement involves no choice. A defendant whose body acts without the direction of the mind is not blamed for it.
2
What is meant by involuntary conduct?
Model answer
Involuntary conduct is movement not controlled by the defendant's mind. A reflex, a spasm or a movement caused by an external force is involuntary.
3
How did Hill v Baxter [1958] illustrate involuntary driving?
Model answer
Hill v Baxter [1958] gave the examples of a driver overcome by a swarm of bees or struck by a stone. The court said such a driver would not be driving at all.
4
Which case defines automatism as an act done by the muscles without control by the mind?
Model answer
Bratty v Attorney-General for Northern Ireland [1963] defined an involuntary act as one done by the muscles without mental control. Lord Denning gave a spasm, a reflex action and a convulsion as examples.
5
Does a mere loss of concentration make driving involuntary?
Model answer
A loss of concentration falls far short of involuntary conduct. The driver still directs the vehicle and remains in control of the body.
6
What degree of loss of control does involuntariness require?
Model answer
Involuntariness requires a total destruction of voluntary control. Reduced or partial control leaves the conduct voluntary in law.

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