Automatism Flashcards
1
Q
Automatism defined
A
- state of total blackout
* person not conscious of, nor in control of actions
2
Q
What was held in R v Lipman
A
- Where automatism brought about by voluntary intake of alcohol/drugs
- Court may be reluctant to accept
- actions were involuntary or offender lacked intention
3
Q
Sane Automatism examples
A
- sleepwalking
- concussion
- effect of drugs/alcohol
4
Q
Insane Automatism example
A
result of mental disease
5
Q
Culpability in state of Automatism
A
- actions performed in state of automatism are involuntary
* common law rule- no criminal liability
6
Q
NZ Courts view on Automatism as a defence arising from taking drugs/alcohol
A
- likely to allow defence for offence of basic intent only
- likely to disallow defence where:
- state of mind self induced
- person blameworthy
- consequences could have been expected
7
Q
Successful plea of Automatism
A
If no question of disease of the mind, successful plea
- negates intent and responsibility for actus reus
- result is acquittal
8
Q
R v Cottle (Automatism)
A
- Doing something w/out knowledge of it or memory of having done it (temp.eclipse of consciousness)
- leaves person able to exercise bodily movements
