Capacity Defence - Automatism Flashcards
What case defines Automatism?
Bratty V Attorney General for Northern Ireland
Definition of Automatism?
An act done by the muscle without any control by the mind
What are the two types of Automatism?
Non-Insane Automatism
Self Induced Automatism
Why is non-insane automatism a defence?
Actus reus has not been committed voluntarily and does not have required mens rea, must be external
Cases for non-insane automatism
R v T
Attorney-General Reference (No2 of 1992)
Hill v Baxter
Point of law in R v T for non-insane automatism?
Being in a dream like state does not amount to automatism but suffering from an external influence can be considered by the jury
Point of law in Attorney-General Reference (No2 of 1992) for non-insane automatism?
Must be a total loss of control
Point of law in Hill v Baxter for non-insane automatism?
Must be evidence of automatism
What is self-induced automatism?
D knows that his conduct is likely to bring on an automatic state
What does the Coley 2013 case state about automatism?
Defence can apply whether it is a specific or basic intent
Action regarding the defence of automatism?
Result from appropriate action, with unanticipated consequences, defence to both intents
Improper action means it will only apply to basic intent cases
Cases for self induced automatism?
R v Bailey
R v Hardie
Point of law in R v Bailey for self induced automatism?
Level of automatism should be sufficient
Point of law in R v Hardie for self induced automatism?
Unknown impact of a drug can be considered as automatism
