Automatism Flashcards
what is automatism?
D acted in an automatic state due to external causes
what established automatism?
by Lord Denning in Bratty
what is ‘involuntary act’?
there is a complete destruction of voluntary control
what case example can be used for ‘involuntary act’?
Broome v Perkins - D in a hypoglycaemic state whilst driving. No defence was claimed as he steered away from other cars
what does ‘external cause’ mean?
it must be due to an external factor
what case examples can be used for ‘external cause’?
Quick - D was a nurse who attacked a patient when in a hypoglycaemic state after not eating after insulin. Defence claimed.
R v T - D had PTSD from being raped. Committed a robbery and claimed automatism due to PTSD. No defence claimed.
what does ‘incapable of forming mens rea’ mean?
D must be incapable of forming mens rea due to the automatic state
what case example can be used for ‘incapable of forming mens rea’?
Bilton - D sleepwalked and raped someone. Defence was claimed.
what is included in ‘other relevant information’?
includes reflex actions / spasms / convulsions
self induced automatism - where the defendant knows their conduct could bring on an automatic state (e.g Bailey) no defence claimed
what is the outcome of automatism?
not guilty
