Knowledge (XXG)

Bratty v A-G for Northern Ireland

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246:
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.
202:
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
233:
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
241:
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. 259:
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
194:
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, 264:
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. 223:
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
295: 140: 168: 124: 183:
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
132: 310: 300: 144: 305: 136: 315: 184: 17: 224: 85:
1 QB 325; A-G for South Australia v Brown AC 432; R v Byrne (1960) 2 QB 396; DPP v Beard AC 479
78: 265: 172: 128: 289: 281: 235: 255:
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;
81:
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 150: 120: 115: 107: 102: 92: 73: 65: 57: 47: 39: 34: 156:Murder; manslaughter; intent; mens rea; automatism 257: 200: 192: 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 8: 31: 7: 167:AC 386, 3 All ER 523, UKHL 3 is a 25: 296:Criminal law of Northern Ireland 212:Bratty's trial was heard at the 171:decision relating to non-insane 1: 141:Lord Morris of Borth-y-Gest 332: 185:Hillsborough, County Down 155: 262: 205: 196: 282:[1961] UKHL 3 311:House of Lords cases 301:1961 in British law 306:Lord Denning cases 79:Woolmington v. DPP 160: 159: 108:Subsequent action 93:Legislation cited 16:(Redirected from 323: 316:1961 in case law 116:Court membership 32: 21: 331: 330: 326: 325: 324: 322: 321: 320: 286: 285: 274: 266:M'Naghten Rules 253: 210: 181: 28: 23: 22: 15: 12: 11: 5: 329: 327: 319: 318: 313: 308: 303: 298: 288: 287: 273: 270: 252: 249: 244: 243: 239: 231: 209: 206: 180: 177: 169:House of Lords 158: 157: 153: 152: 148: 147: 122: 121:Judges sitting 118: 117: 113: 112: 109: 105: 104: 100: 99: 94: 90: 89: 75: 71: 70: 67: 63: 62: 61:3 October 1961 59: 55: 54: 49: 48:Full case name 45: 44: 43:House of Lords 41: 37: 36: 26: 24: 14: 13: 10: 9: 6: 4: 3: 2: 328: 317: 314: 312: 309: 307: 304: 302: 299: 297: 294: 293: 291: 284: 283: 279: 271: 269: 267: 261: 256: 250: 248: 240: 237: 232: 229: 226: 222: 221: 220: 218: 215: 207: 204: 199: 195: 191: 190: 186: 178: 176: 174: 170: 166: 165: 154: 149: 146: 142: 138: 134: 130: 126: 123: 119: 114: 110: 106: 101: 98: 95: 91: 88: 84: 80: 76: 72: 68: 64: 60: 56: 53: 50: 46: 42: 38: 33: 30: 27:UK legal case 19: 277: 275: 263: 258: 254: 245: 236:manslaughter 211: 201: 197: 193: 188: 182: 163: 162: 161: 137:Lord Denning 125:Lord Kilmuir 103:Case history 86: 51: 29: 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 280: 260:done. 208:Trial 179:Facts 40:Court 203:all. 111:None 292:: 143:; 139:; 135:; 131:; 129:LC 127:, 238:. 230:. 20:)

Index

Bratty v Attorney-General for Northern Ireland
Woolmington v. DPP
Podola
common law
Lord Kilmuir
LC
Lord Tucker
Lord Denning
Lord Morris of Borth-y-Gest
Lord Hodson
House of Lords
automatism
Hillsborough, County Down
Downpatrick
Assizes
psychomotor
epilepsy
manslaughter
M'Naghten Rules
[1961] UKHL 3
Categories
Criminal law of Northern Ireland
1961 in British law
Lord Denning cases
House of Lords cases
1961 in case law

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