Automatism Flashcards
Definition of automatism
An act which is fine by the muscles without any control of the mind or no awareness of what they’re doing eg sleep walking
Whag situations does it cover
Loss of physical control eg sneeze which causes d to headbutt
Specifically affects the mind eg blow to the head
What does lord denning say
Must be credible evidence of an external factor which has caused the action
Quick
External factor
Bilton
Raped woman whilst sleepwalking. He was aquitted as he said he couldn’t remember what happened
Rabey
Actions were due to mental fragility
R v T
She was are what she was doing but unaware of what was actually happening
Narbrough
Stress isn’t acceptable for auto
What did Lawton say in wuick
A self induced incapacity will not excuse
What did the law commission say about auto
In scoping paper they said there was problems because of lack of definition and unsatisfactory distinction between insanity and auto
