Automatism

Question 1

Definition of Automatism.

Answer 1

Mental capacity, complete defence where D could not form MR - if successful = full acquittal. Bratty = an act done without any control of the mind such as muscle spasm.

Question 2

Must the cause be external?

Answer 2

Yes, such as a blow to the head, sneezing, PTSD, swarm of bees (Hill v Baxter).

Question 3

Must it be a total destruction of self control?

Answer 3

Yes, (AG Ref No. 2 1992)

Question 4

What is the rule with self induced automatism with basic intent crimes?

Answer 4

D will be unable to use the defence if they committed a basic intent crime as it was done recklessly (Bailey).

Question 5

What is the rule with self induced automatism with specific intent crimes?

Answer 5

D formed intention so they cannot use the defence.

Question 6

Rule with drunken intent.

Answer 6

Drunken intent is still intent = no defence. (Coley)

Question 7

Rule with diabetes