Automatism (non-insane) Flashcards
1
Q
definition LORD DENNING in BRATTY
A
“an act done by the muscles without any control of the mind” it must be involuntary
2
Q
examples of automatism
A
Swarm of bees: HILL V BAXTER
Diabetes- QUICK
Concussion
Hypnotism
Reflex/ muscular spasm
effects of anaesthetic
3
Q
condition 1: D must have lost full control over their actions
A
intermittent automaton doesn’t qualify for defence
need full loss of control to get the defence (Broome v Perkins)
4
Q
side rules:
A
- automatism must not be self-induced
-if D was at fault no defence (BAILEY)
5
Q
condition 2: D must not have mens rea
A
no control of the mind,
no intention
