automitism Flashcards
Define automatism
An act done by the muscles without any control of the mind such as a spasm or reflex action; or an act done by a person who is unconscious of what he is doing such as concussion or sleep walking
is the cause of automitism internal or external
external
decribe the case of Hill v Baxter
D drove through a halt sign and crashed into another car. Convicted of dangerous driving but remebered nothing from some distance of hitting the halt sign.
No evidence to support the defence but the judgement was approved of in the case of butterworth
when a person becomes unconscious when driving, temporarily out of control by sudden illness he shall not be liable.
describe the case of T
D had been raped. 3 days later she committed a robbery saying she was suffering from post traumatic stress.
Courts held: Reduced or partial control is not sufficient for the defense of automatism. There must be total destruction of voluntary control.
Describe the case of attorney G ref
D a lorry driver drive for several hours and hit a car on the hard shoulder. D claimed he was in a trance like state.
Held: driving without awareness causes only partial loss of control not full loss of control
what is self induced automatism
where the defendant knows his conduct is likely to bring on an automatic state.
Example: drinking after medication
Describe self induced automatism in relation to specific intent offences
Self induced automitism can be a defense because the defendant lacks the required mens rea for the offence
Describe self induced automatism in relation to basic intent offences, include the 3 situations and the main rule.
Main rule: D can not use the defence if he has brought about the state by being reckless.
1) D cant have defence id he is reckless. Recklessness is sufficient to satisfy the mens rea of crimes of basic inten
t
2) If self induced state is of drugs or intoxication the defendant cant use defence DPP v Majewski
3) Where the defendant is not aware his actions will lead to automic state he CAN use the defence.
Describe the case of Hardie
D took valium tablets given by girlfriend to calm him down but they turned him agressive and set fire to the place.
Defendant allowed defence as he had not been reckless because he did not know the valium would have a different effect.
what are the proposals for reform on the law of automatism
Definition should include those with epilepsy so that cases such as sullivan can use the defence.
Cases such as Burgess would of been given the defense of automatism.
The present system allows judges to give medical treatments for those who are guilty by insanity therefore protects the public because if they were given a full acquittal, they could be a danger to the public.
