automatism

Question 1

automatism

Answer 1

an act done by the muscles without any control by the mind
or an act done by a person who is not conscious of what they’re doing

Question 2

bratty 1961

Answer 2

automatism is the situation where the d is unable to control their movements because their muscles reacted without any control of the mind and therefore no mens rea

Question 3

the defence must:

Answer 3

provide the evidence for automatism
prove that it was from an external factor
and it must be total loss of control

Question 4

r v t 1990

Answer 4

exceptional stress can be an external factor
reduced or partial control of ones actions isn’t sufficient
must be total destruction of voluntary control

Question 5

self-induced automatism

Answer 5

a defence of automatism will not be successful if the d knows that their conduct will bring about an automatic state

Question 6

Mcghee

Answer 6

M claimed automatism against ABH and s18
having drunk himself into a state of automatism
self induced so he couldn’t claim automatism