Automatism and Mistake

Question 1

Automatism

Answer 1

D suffers a complete loss of voluntary control, caused by an external factor, D is not at fault in causing the factor.

Denial of AR and MR.

Question 2

Coley

Answer 2

Complete destruction of voluntary control is necessary; voluntary intoxication, in this case marijuana is not succulent for complete loss of voluntary control.

D was at fault in causing the external factor.

Question 3

Quick and Hennessy

Answer 3

External factor of hyperglycaemia…
Cases are distinguished; Hennessy could rely on as it was a result of insulin. But, it was Quicks own fault, knew had diabetes and knew consequences of not eating.

Question 4

Mistake

Answer 4

In relation to consent and self defence.

Reasonable mistake - Beckford thought was being attacked so stabbed.
Unreasonable mistake - Oye.
Drunken mistake - Kingston (Intoxicated intent is still intent) and Hatton (defendants drink was laced but still had MR) - thinks being attacked so attacks back.

Question 5

Beckford

Answer 5

Thought was being attacked but wasn’t - reasonable mistake.

Question 6

Oye

Answer 6

Unreasonable mistake - had delusion, but force still not reasonable on the facts.

Question 7

Kingston

Answer 7

Drunken mistake - intoxicated intent is still intent.

Question 8

Hatton

Answer 8

Drunken mistake - laced drinks. But, still had mens rea and so couldn’t rely on; thinks being attacked, would reasonable person acted in that way if sober.