Automatism Flashcards
Automatism introduction?
1- D must raise the defence themselves
2- Medical evidence to do so
3- Once raised up for the prosecution to disprove
4- If sucessful, complete defence and aquittal
Which case defined automatism?
Bratty V AG of NI
Bratty V AG of NI?
Lord denning- ‘an act done by the muscles without any control of the mind’
What is the structure for automatism?
1- A total loss of voluntary control
2- caused by an external factor
3- That is not self induced
Which case goes with a total loss of voluntary control?
Broome V Perkins
Broome V Perkins?
There must be a total loss of voluntary control to rely on automatism
Which cases go with caused by an external factor?
- Hill V Baxter
- Quick
- R V T
Hill V Baxter?
- loss of control must be due to an external factor. E
- e.g. a blow to the head causing concussion, being stung by a bee, a reflex action, suffering from severe PTSD.
R V Quick
-hypoglycaemic state after taking insulin (external factor).
-didn’t eat or drink
-(self induced so automatism would fail)
R V T?
Severe PTSD can be caused by an external factor
Which cases go with self induced?
- R V Lipman
- R V Bailey
R V Lipman
-if automatism is caused by the voluntary consumption of drugs or alcohol…
D will not be able to rely on automatism + will be subject to rules of intoxication
R V Bailey
-self-induced automatism (other than caused by drink/drugs) = defence to crimes of specific intent.
-no defence to basic intent crimes if the prosecution cannot prove that the D was reckless
