Automatism

Question 1

How did Bratty define automatism?

Answer 1

‘act done by muscles w/o any control by the mind, such as spasm, reflex action, convulsion or act done by person not conscious of doing it’

Question 2

What is the first element of automatism ?

Answer 2

arose from an external cause

Question 3

What is an external cause with examples/cases ?

Answer 3

smth happens to D
swarm of 🐝 (Hill V Baxter)
diabetes (Quick)
Rape cause PTSD (R V T)
sneezing fit (Whoolley)

Question 4

What is the second element of automatism & case ?

Answer 4

act must b invol. & D must’ve suffered total loss of volountary self-control (Att. Gen. Ref No.2 1992)

Question 5

What case shows any indication of consciousness can make the defence unavailable?

Answer 5

Watmore V Jenkins- progressive hypoglycaemia & slowly lost consc. over 5 mile drive

Question 6

What is the final element of automatism ?

Answer 6

must be self-induced

Question 7

How is automatism self induced ?

Answer 7

D knows actions will put them in automatic state & depend on offence for defence to work

Question 8

How can the offence differ the defence working ?

Answer 8

specific intent (intent only)- can b used as lacking MR
basic (intent/reckless)- rules to follow

Question 9

How did Bailey set out the rules for a basic intent offence ?

Answer 9

1) subjectively reckless ? yes- fail
2) intox. ? yes- fail (Majewski)
3) aware of conseq. of actions ? yes- fail (Hardie)