Automatism

Question 1

D must have no voluntary control over his actions

Answer 1

a) spasm, reflex action or loss of consciousness (Bratty)
b) a partial loss of control is insufficient (AG Ref no2)

Question 2

D’s automatic state must be caused by an external factor

Answer 2

Hill v Baxter - hit to the head
a) effect of a drug (Quick): failed to eat after injecting insulin

Question 3

Self-induced automatism is where D knows his conduct is likely to bring on an automatic state

Answer 3

a) if D has been reckless in getting into an automatic state, self induced automatism cannot be a defence (Bailey)
b) self-induced automatism caused by voluntary intoxication, D can’t use the defence (R v Lipman)