Automatism

Question 1

Lord denning in Bratty defined automatism as “and act done by the muscles without any control of the mind” automatism is caused by an externally affected conditions

Question 2

Stage1- Examples of automatism
Reacting to swarm of bees/spasm/reflex/sneezing(Hill v Baxter)
Diabetes-hypoglycaemia (Low blood sugar ) (quick )
Sneeze- (whooley)
Extreme external factor (T)
Concussion- from blow to the head
Hypnotism
Effects of medication such as anaesthetic

Question 3

Stage2- The D must have no men’s rea for the crime. This means the D did the actors reus of the crime involuntarily (Brooke v Perkins)

Answer 3

Side rules- Self induced automatism- If the D was aware that their actions or omission would result in an automatic state (Bailey)
The defence can be used for specific intent crimes (as the D cannot form the intention as they not in control)
The defence cannot be used for basic intent crimes as the fact the D has got into self induced automatism state is evidence of recklessness and the crime will be complete

Question 4

Conclude- Will the D be successful in arguing this defence? Explain full acquittal if successful