Automatism

Question 1

I

Answer 1

D mag be able to argue the defense if auromatism

Question 2

D

Answer 2

Lord denning in bratty defined automatism as an act done by the muscles without control of the mind. Automatism is caused by externally affected conditions

Question 3

E

Answer 3

Stage 2 states the d must have list full control of their actions caused by an external factor

Examples of automatism
- reacting to swarm of bees, spasm, reflex, sneezing (Hill v Baxter)
- diabetes (Quick)
- sneeze (whooley)
- extreme external factor Examples
- concussion
- hypnotism
- effects of medication such as anesthetic

Question 4

A

Question 5

E

Answer 5

Stage 2 states the d must have no men’s Rea for the crime. This means the f did the actual Reas of the crime involuntary (Brooke v Perkins)

Question 6

A

Question 7

Side rule

Answer 7

Self induced automatism is the d was aware that their actions or omissions would result in a automatic state (Bailey)

The defense works differently depending on the type of offense the d has committed:
- the defense can be used for specific intent crimes
- the defense cannot be used for a basic intent crimes as the fact the d has got into a self induced automatic state is evidence of recklessness Kane the crime will be complete

Question 8

A

Question 9

Conclude

Answer 9

Will yeh d be successful isn arguing this defense