Automatism

Question 1

EXTERNALLY

Question 2

affected

Question 3

Automatism - How to Apply

Question 4

Can be used for ALL

Question 5

crimes

Question 6

I- D may be able to argue the defence of Automatism

Question 7

D- Lord Denning in Bratty

Answer 7

defined automatism as ‘an act done by the muscles without any control

Question 8

of the mind’. Automatism is caused by EXTERNALLY affected conditions.

Question 9

Examples of automatism:

Question 10

•

Question 11

Reacting to swarm of bees/spasm/reflex/sneezing (Hill v Baxter)

Question 12

Diabetes - hypoglycaemia (Low blood sugar) (Quick)

Question 13

• Concussion - from a blow to the head

Question 14

Hypnotism

Question 15

• Effects of medication such as anaesthetic

Question 16

A-APPLY to the scenario

Question 17

E- Stage 1: D must have lost FULL CONTROL of their actions. This means the D did the actus reus of

Question 18

the crime INVOLUNTARILY (Broome v Perkins)

Question 19

A- APPLY to the scenario

Question 20

SIDE RULE: Self- induced automatism- If the D was aware that their actions or omission would result

Question 21

in an automatic state (Bailey)

Question 22

The defence works differently depending on the TYPE OF OFFENCE the D has committed:

Question 23

• The defence can be used for specific intent crimes (as the D cannot form the intention as

Question 24

they are not in control)

Question 25

• The defence cannot be used for basic intent crimes as the fact the D has got into a self-

Question 26

induced automatic state is evidence of recklessness and the crime will be complete!

Question 27

A- APPLY if relevant

Question 28

E- Stage 2: The D must have NO MENS REA for the crime

Question 29

A- APPLY to the scenario

Question 30

Conclude - Will the D be successful in arguing this defence?