Automatism

Question 1

Where can AUTOMATISM be used?

Answer 1

This defence can only be used if D lacks the mens rea for the crime

Question 2

Involuntary Act

Answer 2

‘An act which is done by the muscles without any control by the mind’ - Bratty
Loss of control must be total - AG’s Reference (No 2 of 1992)

Question 3

External factor

Answer 3

Hypoglycaemic state caused by insulin - R v Quick

Dissociative state caused by rape - R v T

Question 4

Self induced Specific intent crime

Answer 4

If D induces his automatic state, the offence charged is a specific intent crime and D still has the mens rea for it, D cannot use the defence - Bailey
If the mens rea is lacking, D can use the defence

Question 5

Self Induced Basic Intent crime

Answer 5

If the offence is a basic intent crime and D knows the effect of the external factor, D will have the mens rea of recklessness, and so cannot use the defence - DPP v Majewski
If D does not know, D will not have been reckless, and so can use the defence - R v Hardie