automotism Flashcards
what is the deffinition of automatism
an act done by the muscles without any control by the mind or done by a person with no concious
what case defines automotism
Bratty v Attorney genral for NI
what type of defence is automatism
a complete defence
who decices weather the defence is accepted
the judge
what is the AR and MR for automatism
AR- non voulantary
and a lack of MR
what type of cause must be the cause of automatism
an external cause
give an example of some external causes
blow to the head
bees hill v baxter
drugs
what is self induced automatism
where d brought about their automatic state by their own voulantary conduct eg by taking medicin not perscribed to them
what rules apply to self induced automatism
rules of toxication
for specific intent crimes can you use the defence with self induced automatism
yes
what are some examples of specific intent crimes
murder
theft
burglary
for basic intent crimes can you use the defence with self induced automatism
possibly
dependant on weather d had prior fault
what are basic intent crimes
crimes that involve recklessness
what case set out the rules on weather you can use self induced automatism on basic intent crimes
R v baily
for basic intent crimes when can you not use the defence with self induced automatism
if d was reckless
if the intoxication was through drink or illegal drugs R v Majewski