Automatism Flashcards
what 2 things must D show his act was
involuntary
sue to an external factor
automatism is a complete defence. if successful, what will the verdict be
not guilty
why will D be found not guilty if automatism successful
because AR not voluntary + D doesn’t have required MR - so D not at fault for their behaviour
what did Bratty define automatism as
‘an act done by the muscles without any 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 he is doing’
what case states that there must be a total lack of awareness not just partial control
AG’s Ref No.2 of 1992
what case states that sneezing fit can be an external factor
Whoolley
what case states that an attack by a swarm of bees is an external factor
Hill v Baxter
what case states that a blow to the head, PTSD is an external factor
R v T
what case states that hypnotism + sleepwalking is an external factor
Bratty
what must the external factor not be
self-induced through D’s actions/ failing to take action
in what case could D rely on defence of automatism as he was a diabetic who had taken insulin which resulted in mental impairment (because condition arose from external factor - insulin)
Quick
in what case could D not rely on automatism as he was a diabetic who hadn’t taken medication for 3 days + took a car whilst disqualified
Hennesey
what is self-induced automatism with example
when D knows his conduct is likely to bring on an automatic state e.g. diabetic failing to eat after taking insulin
what case states that self-induced automatism can be a defence to a specific intent offence + why
Bailey - D lacks necessary MR. Cannot be a defence to basic intent offences as subjective recklessness is sufficient for mr
what case states that where D doesn’t know his actions are likely to lead to a self-induced automatic state in which he may commit an offence, he has not been reckless + can use defence of automatism
Hardie
