automotism Flashcards
what type of defence is automatism
complete and general
what will it result in if successful
complete acquittal
automitism is defined in bratty as
an act that is done by the muscles without any voluntary control by the mind’.
hill v baxter
In order for the defence to be successful it must be proven that X’s (the defendant’s) state of automatism was caused by an external factor
broome v perkins
There must be a complete and total destruction of voluntary control if X (the defendant) retains any voluntary control then the defence will fail.
when will automatism fail
is self induced
bailey
It will be considered to be self induced if X (the defendant) was reckless in getting into that state (Bailey),
however if they did not know that their actions would result in the automatic state then it is unlikely to be considered self induced.