Capacity Defences - Automatism

Question 1

Define non-insane automatism

Answer 1

Lack of control due to external factors

Question 2

Examples of external factors

Answer 2

• blow to head
• attack by a swarm of bees
• sneezing fit
• hypnotism

Question 3

Example cases

Answer 3

Hill v Baxter : no fault when D was in automatic state (not automatism as no evidence of external factors)

R v T : Exceptional stress can be an external factor (rejected by jury)

AG Ref (No.2) : ‘driving without awareness’ - doesn’t count as a defence since partial loss of control does not count

Question 4

What is self-induced automatism

Answer 4

D knows his conduct is likely to bring on an automatic state

Question 5

What is specific intent?

Answer 5

I.e. Mohan intention:
Murder
S18
Theft

Question 6

What is basic intent?

Answer 6

I.e. Recklessness (Cunningham)
Manslaughter
S20 & S47

Question 7

Examples of self-induced automatism:

Answer 7

• R v Quick
• R v Bailey: judges decision to deny defence to specific intent offence was wrong
• R v Hardie: D had not been reckless when taking the drug so should have been allowed defence for automatism