Automatism Flashcards
Automatism
Crime committed by an involuntary act caused by an external factor
Bratty v A-G of NI
Lord Denning- act which is done by the muscles without any control of the mind such as a spasm, reflex action or a convulsion: or any act done by a person who is not conscious of what he is doing
R v T
Raped, post-traumatic stress disorder - entered «dissociative state»
Brooke v Perkins
Hypoglycaemic state - hit another car - couldn’t remember
Some control - unable to plead
Attorney-generals reference (no.2 of 1992)
Trance-like state by repetitive vision of long flat motorway - reduced but didn’t eliminate awareness
Acquitted - raised as issue of law - does not amount to automatism
Self-induced automatism
May be used depending on whether the defendant knew there was a risk
R v bailey
Huypoglycaemia - felt unwell before the attack but had only eaten some sugar
CofA - can use if behaviour not amount to reckless - did
R v coley,, McGhee, and Harris
Not available if included acute state of involuntary behaviour by own fault - I.e drugs/alcohol
R v hardie
Could rely on those taking Valium - didn’t understand effects