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The judge refused to allow the first two defences to be considered by the jury, and accordingly gave a direction only on the issue of insanity. The jury rejected this defence, and Bratty was convicted. He appealed against the judge's refusal to allow consideration of the first two defences.
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I didn't mean to do what really happened .... nothing like that happened until last night. I apologise for what happened. I don't think it would have happened only that terrible feeling came over me at the time. I don't know really what caused it at
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that if the jury rejected the first defence, Bratty's mental condition was so impaired and confused and he was so deficient in reason that he was not capable of forming the necessary intent for murder, and that the verdict should instead be
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that if the jury were unable to come to either the first or second verdict, the accused may be guilty but insane on the ground that he did not know the nature and quality of his acts, or if he did, that he did not know that they were
175:. The court decided that medical evidence is needed to prove that the defendant was not aware of what they were doing, and if this is available, the burden of proof lies with the prosecution to prove that intention was present.
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the state of a person who, though capable of action, is not conscious of what he is doing ... it means unconscious involuntary action, and it is a defence because the mind does not go with what is being
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I had some terrible feeling, and then a sort of a blackness. Just with that, I took one look at her, caught her, threw her right over the back of the seat into the back. I caught her with my two hands.
187:, Northern Ireland, having been strangled. Bratty was later interviewed by police and asked to explain scratches on his neck. He made a statement in which he said,
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It was ruled that the judge had been correct not to allow the first defence argument to go before the jury because it relied on a "disease of the mind" within the
268:, and that whether insanity or automatism was in issue, the burden of proof would be upon the defendant. Bratty appealed further against these decisions.
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That Bratty was not guilty on the basis that he was in a state of automatism and not "master of his own actions", the only cause suggested for this being
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In March 1961, twenty-year-old George Bratty had given a lift in his car to
Josephine Fitzsimmons, who was later found dead under a hedge near
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1 QB 325; A-G for South
Australia v Brown AC 432; R v Byrne (1960) 2 QB 396; DPP v Beard AC 479
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The Court of
Criminal Appeal in Northern Ireland considered that automatism meant
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R v Cottle NZLR. 999; R v Kemp 1 QB 399; R v
Charlson 1 WLR 317;
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AC 462; R v Tolson (1889) 23 QBD 168; Hill v Baxter 1 QB 277; R v
219:, and his defence team proposed alternative verdicts, namely
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156:Murder; manslaughter; intent; mens rea; automatism
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52:Bratty v Attorney-General for Northern Ireland
278:Bratty v Attorney-General for Northern Ireland
164:Bratty v Attorney-General for Northern Ireland
35:Bratty v Attorney-General for Northern Ireland
18:Bratty v Attorney-General for Northern Ireland
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167:AC 386, 3 All ER 523, UKHL 3 is a
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296:Criminal law of Northern Ireland
212:Bratty's trial was heard at the
171:decision relating to non-insane
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141:Lord Morris of Borth-y-Gest
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185:Hillsborough, County Down
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282:[1961] UKHL 3
311:House of Lords cases
301:1961 in British law
306:Lord Denning cases
79:Woolmington v. DPP
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108:Subsequent action
93:Legislation cited
16:(Redirected from
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116:Court membership
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125:Lord Kilmuir
103:Case history
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225:psychomotor
214:Downpatrick
145:Lord Hodson
133:Lord Tucker
74:Cases cited
69:1961 UKHL 3
290:Categories
276:Judgment:
272:References
189:inter alia
173:automatism
97:common law
87:and others
198:and then
228:epilepsy
151:Keywords
66:Citation
251:Appeals
217:Assizes
58:Decided
242:wrong.
83:Podola
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260:done.
208:Trial
179:Facts
40:Court
203:all.
111:None
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129:LC
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20:)
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