Bratty v Attorney-General for Northern Ireland
1963 · AC 386
Posted By lanbuk.com
- Facts
- George Bratty gave a lift to Josephine Fitzsimmons and strangled her with her own stocking. He said he had had a terrible feeling and a blackness, and that he did not know what he was doing. He relied on psychomotor epilepsy, and asked that both insanity and be left to the jury. The judge left insanity only. He was of murder.
- Issue
- What is the difference, in the , between insanity and non-insane automatism?
- Held
- The House of Lords dismissed the appeal. Insanity is a on the accused, on the . Non-insane automatism must be left if the accused lays a proper foundation for it. The prosecution must then disprove it. A disease of the mind, which this epilepsy was, is insanity, not sane automatism. There was no foundation for leaving both.
- Principle
- Lord Denning described automatism as an act done by the muscles without any control by the mind, or done while the actor is not conscious of what he is doing. The label decides the burden.
- Why it matters
- It is the authority for non-insane automatism. Expert evidence is required before that defence is left. R v Smith (Stanley) is the sleep case on the same point.
Words and Latin in this note
- Balance of probabilities
- The standard of proof in civil cases, and the standard when an accused bears a legal burden: the court asks whether something is more likely than not to have happened. Open the note.
- Burden of proof
- The duty on one side of a case to prove the facts it relies on. If that side fails, it loses on that point. In a criminal trial it stays with the prosecution, except for insanity and a statutory exception. Open the note.
- Legal burden
- The obligation to prove a fact to the required standard, or lose on that issue. In crime it is on the prosecution, beyond reasonable doubt, except for insanity and a statutory exception, which the accused proves on the balance of probabilities. Open the note.
- Automatism
- An act done by the muscles without control by the mind, such as a spasm, a reflex, or a blackout. An external cause can be a complete defence. An internal cause, such as epilepsy, is treated as insanity. Open the note.
Also on Lanbuk
- Bratty v Attorney-General for Northern Ireland in Lanbuk on Criminal Law
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.