automatism Flashcards
is automatism a full defence
yes
what is automatism
crime committed by an involuntary external factor
Bratty v AG of northern ireland
act done by muscles or spasms, no control or conscious invlived, and a dissociate state can be classed as automatism
examples of automatism
severe blows to the head, swarm of bees, anasthetic
R v T
pleaded automatism to robbery and ABH suffering ptsd from being raped, dissociate state
Broome v perkins
hypoglemic state coudnt remember anything, had some voluntary control not acting fully involuntary
attorney general reference 1992
trance like state does not amount to automatism didnt elimnate awareness
what is self induced automatism
wont be available if it was caused by fault, eg drugs , depends if defendant knew risk
r v bailey
hypoglemic and ate sugar (external) actions were reckless, did not realise eating sugar would lead to dangerous state
cant use self induced automatism
r v coley mcghee and harris
autatism isnt available when induced sate of involunatary behvaaiour, when d takes drugs which normally have sedive effect, involuntary commits crime unexpected reaction
r v hardie
took gf valluim, could rely on defence even though drug was not prescribed , did not understand effects of drugs