Automotism

Question 1

Automatism is governed by ?

Answer 1

Common law

Question 2

Lord denning defined automatism as

Answer 2

An act done by the muscles with out any control of the mind

Question 3

Total loss of voluntary control, The control must be 100% lost

Answer 3

Attorney general reference no2 of 1992

Question 4

Perkins

Answer 4

As the defendant showed some control of there acts the defence was unavailable

Question 5

Woolley

Answer 5

Due to a sneezing fit he had lost complete control of his actions meaning the defence is available

Question 6

Butterworth

Answer 6

The automatism must be caused by an external factor

Question 7

PTSD. is accepted as an external factor this is from

Answer 7

Lord Goddard CJ

Question 8

What rules does Bailey set out

Answer 8

Baileys rules are by weather an offence is one of specificity intent and basic intent and weather the defendant can be deemed to be at fault for the automatic state

Question 9

Specific intent offences are those committed intentionally (Direct intent or foresight of consequences) these are

Answer 9

Murder, S18 wounding and GBH theft Robbery and burglary

Question 10

If guilty of a specific intent offence they are not guilty of the offence as they do not have the men’s rea what happens if they are reckless in getting into the situation

Answer 10

If there is an alternative basic intent offence they will be guilty if that

Question 11

Basic intent offences are those committed recklessly there are three different situations for this what are they

Answer 11

If they were reckless getting into the situation then self induced automatism cannot be used as they knew the risk and did it any way

If caused by alcohol or drugs the defence is unavailable however intoxication applies

If the defendant is unaware their Actions would lead to this they have the defence