AUTOMATISM - INCAPACITY DEFENCE (paper 1) Flashcards
1
Q
definition
A
- common law defence
- D lacks capacity/performs the AR involuntary
- definition given by lord Denning in AG for northern Ireland v bratty (1963)
- ’ a person is in an automatic state when their mind is not in control of their muscles or if they are unconscious ‘
- external cause = automatism
2
Q
element 1 - D must have had a complete loss of voluntary control
A
- D must be suffering from a total loss of control
- partial loss of control must not be sufficient
- key cases; Broom v Perkins (1987), Ag’s Reference (No2) (1992)
3
Q
element 2 - caused by an external factor
A
- must be caused by an external factor
- blow to head (bratty)
- spasm/reflex (bratty)
- attacked by swarm of bees (hill v Baxter)
- uncontrollable sneezing (Wholly)
4
Q
element 3 - automatic state must not be self-induced
A
- not available if they were aware their conduct could bring on a state of automatism
- not available if D is voluntary intoxicated
- available if committed a basic intent crime, if there was proof they had not been reckless
5
Q
effect
A
- complete defence
- D walks free
6
Q
procedural points
A
- D raises defence
- prosecution tries to disprove it, by showing D had some awareness, it was not external or it was self induced
- D may need to provide 2 medical reports to support the defence
7
Q
R v Quick (1973)
A
- diabetic who failed to eat after taking his insulin
- this was an external cause (the effect of the drug) and not insanity
8
Q
Hill v Baxter (1958)
A
- D was charged with dangerous driving (attacked by swarm of bees)
- external factor
9
Q
AG reference (No.2 of 1992)
A
- lorry driver crashed on motorway, killing 2 people, while suffering a condition of ‘driving without awareness
- not available because he didn’t have total loss of control
10
Q
R v Bailey (1983)
A
- diabetic failed to eat after taking insulin and was charged with a specific intent crime
- shows jury can consider automatism for specific intent crime
11
Q
R v Hardie (1984)
A
- D took Valium tablets because he was depressed and set fire to wardrobe
- D was not reckless and jury should consider defence of automatism
12
Q
R v Coley (2013)
A
- D pleaded automatism against a charge of ABH after having drunk himself into an involuntary state
- Self-induced automatism
- defence was rejected because he voluntary drank
13
Q
case of Bratty (1963)
A
- D strangled and killed his girlfriend during a blackout
- the definition
- legal test of automatism created by Lord denning
14
Q
R v T (1990)
A
- D took part in a robbery, using a pen knife, three days after being raped, she argued it was a dream-like state and she suffered PTSD
- must be an external factor
- external stress can give rise to automatism if severe enough
