automatism Flashcards
what is automatism?
complete defence, D proves body acted without any control of the mind due to an external factor.
bratty
“an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing, such as an act done whilst suffering from concussion or whilst sleep walking”
external factors
blow to the head swarm of bees sneezing hypnotism effect of a drug e.g. valium PTSD
Hill v Baxter
concept of no fault when in an automatic state due to an external cause
kay v butterworth
” a person should not be made guilty at the criminal law who, by no fault of his own, becomes unconscious when driving, as for example, a person who has been struck by a stone or overcome by a sudden illness, or a car has been put temporarily out of his control owing to being attacked by a swarm of bees.
