Automatism

Question 1

Definition (Bratty v AG for NI)

Answer 1

“an act done by the muscles without any control by the mind”

Question 2

(AGs Ref 2)

Answer 2

Only succeed if the D is acting without consciousness or control

Question 3

(Broome v Perkins)

Answer 3

Still maintained control to not crash

Question 4

(Hill v Baxter)

Answer 4

Cause of automatism must be external. Swarm of bees

Question 5

(Bailey)

Answer 5

Blow to head, effect of a drug, hypnosis

Question 6

(R v T)

Answer 6

PTSD

Question 7

(Whoolley)

Answer 7

Sneezing

Question 8

(Attorney-Generals ref 2)

Answer 8

Driving ‘without awareness’ -driving for long periods of time puts driver in ‘trancw like state’

Question 9

(Bailey) 4

Answer 9

Destruction of self control must not be self induced. Will fail where D knows his conduct is likely to bring about an automatic state

Question 10

(Hardie)

Answer 10

Did not realise risk as not taken before. Basic intent crimes fail if realise

Question 11

(R v Coley)

Answer 11

Involuntary intoxication. Intoxication rules apply and likely to fail

Question 12

Outcome

Answer 12

D is absolved of all liability as D does not have the required MR