Automatism Flashcards
What is the beginning of Automatism?
D may be able to argue the defence of automatism.
Who defined automatism and what as?
Lord Denning in Bratty - ‘An act done by the muscles without no control of the mind’.
Automatism is caused by EXTERNALLY affected conditions.
What are some examples?
1) Reacting to a swarm of bees, reflex, spasm, sneezing - Hill V Baxter.
2) Diabetes - hypoglycaemia ( low blood sugar) - Quick.
3) Concussion - blow to head
4) Hypnotism
5) Effects of meditation such as anaesthetic.
What is stage 1?
The D must have lost full control of their actions. This means the D did the actual reus of the crime INVOLUNTARY - Broome V perkins.
What is the side rule?
Self-induced Automatism - Where the D is aware that their actions/ omissions will lead to an automatic state - Bailey.
The defence works differently due to the type of offence;
1) The defence is available for specific intent crimes as the D was not in control therefore didn’t have the intention.
2) The defence is not available for basic intent crimes and the D voluntary became in the automatic state, which is an example of recklessness and therefore the crime will be complete.
What is stage 2?
The D must have no men’s rea of the crime.
