AUTOMATISM Flashcards
What is the full defence of automatism?
a full defence of (non insane) automatism where there is an involuntary action, a mental capacity defence.
The burden of proving automatism is on the defence, who must prove it on the balance of probabilities.
How was automatism defined in Bratty v A-G for Northern Ireland?
‘an act done by the muscles without any control by the mind, such as:
spasm
reflex action
a convulsion, not conscious of what he is doing, suffering from concussion.’
What did AGs Ref No 2 of 1992 state about automatism?
D must have lost the ability to control their actions rather than having impaired control.
What is non-insane automatism?
Non-insane automatism requires an external cause, where the actus reus is not voluntary due to an external cause.
What are some examples of external causes for automatism listed in BRATTY?
plus sneezing
hypnotism
a blow to the head
attack by a swarm of bees
post-traumatic stress disorder (R v T).
How does being diabetic relate to automatism as in QUICK?
Being diabetic, but not eating properly, is an external cause and is considered automatism, not insanity.
What is self-induced automatism as set out in BAILEY?
Self-induced automatism occurs when the defendant’s conduct brings on an automatic state and applies differently to offences of specific and basic intent.
How does self-induced automatism apply to specific intent offences?
For specific intent offences, such as murder and theft, self-induced automatism can be a defence, even if the defendant knows of the risk of bringing on an automatic state.
BAILEY
How does self-induced automatism apply to basic intent offences?
For basic intent offences, self-induced automatism cannot be a defence if the defendant knows of the risk of bringing on an automatic state, as this is considered recklessness.
BAILEY
What is an example of self-induced automatism in a basic intent crime?
D being advised by his doctor not to drink alcohol when prescribed medication, and he caused ABH to V while in a self-induced automatic state, knowing the risk, he cannot use automatism as a defence COLEY
but can be a defence if they did not know the risk - HARDIE
