Automatism Flashcards
1
Q
What is automatism as a defence ?
A
A capacity defence available to all crimes. an act dumb boy, the nurses, without any control of the mind, such as a spasm, reflex action, or a convulsion, an acting by postcode, not conscious of what he’s doing.
2
Q
What happens if D is successful in proving automatism ?
A
The defendant is completely discharged
3
Q
What is the first element?
A
Defendant had no control- the act was involuntary
4
Q
What is the second element?
A
The act was involuntary due to an external factor
5
Q
What is the third element?
A
If automatism was self induced in the defence files for basic intent reasons.
