Automatism (Defences) Flashcards
Defined in Bratty v AG for NI in 1961 as?
An act done by the muscles without any control by the mind, such as a spasm, reflex action or convulsion
What was extended on the definition of automatism?
;or an act done by a person who is not conscious of what he is doing
What is the first element of automatism to establish?
Involuntary Act
What is the second element of automatism?
External factor
What is meant by involuntary act?
Total lack of awareness by D at time of carrying out actions. Complete destruction of voluntary control.
Broome V Perkins
D unable to use defence as he had some level of control when swerving his car
What is meant by external factor? Cases?
R v Whooley: Sneezing
R v T: PTSD
R v Quick: too much insulin (diabetic)
Bingham: attacked by swarm of bees
Other issues of automatism? Case?
Self-induced automatism - R v Bailey
What is meant by self-induced automatism?
D was aware of possible onset of of automotive state but didn’t take preventative action.
Where will it act as a partial defence?
Where didn’t have intent to commit offence because of automotive state, but knew there was risk their actions could lead to automotive state.
