automatism Flashcards
what type of defence is automatism?
full defence
if successful, results in a full acquittal
who is the burden of proof on for automatism
defendant
where is automatism defined?
Bratty v Attorney-General for Northern Ireland
how is automatism defined
‘an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion
or an act done by a person who is not conscious of what he is doing’
Bratty v Attorney-General for Northern Ireland
what is the test for automatism?
1) Involuntary act
2) Caused by an external cause
The requirements for automatism:
what are some external factors that could be covered by the defence?
Some external factors that could be covered by this definition include
* sneezing (R v Wholly)
- hypnotism
- unknown effects of a drug
- blow to the head
there must be a … for automatism to be successful
There must be a full lack of control as seen in AG’s Reference (No. 2). The partial loss of control does not amount to automatism
can stress be an external factor?
automatism
R v T (1990) - exceptional stress can be an external factor that may cause automatism
R v Narborough (2004) - stress not seen as giving rise to automatism
self-induced automatism
can it be a defence?
Bailey - if D has been reckless in getting into a state of automatism, self-induced automatism cannot be a defence
D diabetic + failed to eat enough after insulin. Hit some1with iron bar
self-induced automatism
exception
Hardie - BUT Where the defendant does not know that his actions are likely to lead to a self-induced automatic state in which he may commit an offence, he has not been reckless and can use the defence of automatism.
(D depressed, took valium tablets. Set fire to a wardrobe)
