Automatism - Paper 1 Flashcards
What is the difference between Insanity and Automatism?
Insanity is caused by internal factors, whereas Automatism is caused by external factors
What is Lord Denning’s definition of Automatism from Bratty?
An act done by the muscles without control of the mind
What is Stage 1 of Automatism?
D’s actions must be completely involuntary, there must be a complete loss of control, caused by an external factor
What was held in a obiter statement in Hill v Baxter?
A reflex/spasm caused by a swarm of bees would make someone’s actions completely involuntary
Which case held that a sneezing fit could amount to an involuntary action?
Whooley
What was held in the case of Quick?
Hypoglycaemia (low blood sugar) caused by a failure to eat after taking insulin would be an external factor, therefore the correct defence would be automatism
Which case held that extreme stress from a rape attack satisfied the requirement of an external factor?
T
What other examples are there for the defence of Automatism?
Concussion
Hypnotism
Effects of anaesthetic
What is Stage 2 of Automatism?
D must have no mens rea
What was held in Broome v Perkins?
If D had any control at any point, including partial control, the defence will fail
What is Self-Induced Automatism?
Where D does something, or fails to do something, which they know will lead to an automatic state
Can the defence of Self-Induced Automatism be used for basic intent crimes?
No because the fact that D voluntarily put themselves in an automatic state is evidence of recklessness, therefore the crime is complete
What if the automatic state is caused by drink or illegal drugs?
Cannot use Self-Induced Automatism, correct defence would be Voluntary Intoxication instead
