AUTOMATISM

Question 1

definition + case

Answer 1

• an act done by the muscles without control of 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 they’re doing
• BRATTY V AG FOR NI

Question 2

1. without control of mind

Answer 2

• d must act completely without consciousness and control
• AG’S REF NO. 2 OF 1993 “must be a total destruction of voluntary control”

Question 3

2. external cause

Answer 3

• must be a general external cause to d
  1. swarm of bees HILL V BAXTER
  2. ptsd R V T - rape
  3. sneezing WHOOLEY
  4. condition of “driving without awareness” (trance like state) AG’S REF NO. 2
  5. effect of drugs, hypnosis, blow to the head, insulin BAILEY

Question 4

3. can’t be self induced

Answer 4

• will fail where d knows his conduct is likely to bring on an automatic state BAILEY
• where basic intent crimes are concerned, will fail if d realises risk HARDIE
• voluntary intoxication: defence will fail R V COLEY