Capacity defence- AUTOMATISM.

Question 1

ATTORNEY GENERAL’S REFERENCE 1993?

Answer 1

D must have no voluntary control over his actions.

Question 2

BAILEY?

Answer 2

If D has been reckless in getting into an automatic state, self induced automatism cannot be a defence.

Question 3

DPP V MAJEWSKI?

Answer 3

D is seen as reckless in getting intoxicated so has the mens rea for the basic intent offence.

Question 4

D’s automatic state must be caused by an external factor.

Answer 4

D’s automatic state must be caused by an external factor.