Automatism Flashcards
What is automatism defined as
An act done by the muscles without any control by the mind
What case would you use that would back up the definition
Bratty
What 3 things must you consider for automatism
Involuntary act
External factor
No MR of offence
What must the involuntary actions be/ come from
A total lack of awareness, not just partial
What case supports the definition for involuntary actions
Attorney-Generals Reference No 2
What must automatism be caused by
An external factor
What can automatism be
Self induced
When can automatism be self induced
When it results from the defendants actions or them failing to take an action
Can you use automatism if you have taken medication not prescribed to you
Yes as long as it is not taken recklessly
What case would you use for unprescribed medication can still be automatism
Hardie
What type of crimes will automatism be used for
Specific intent crimes