Defence: Automatism Flashcards
What case defines automatism?
Bratty 1963 - “An act done by the muscles without any control by the mind”
What are the requirements for automatism?
D’s actions were involuntary
Caused by a total loss of control
Caused by external factors
Self-induced automatism can only be used for specific intent crimes.
The case for the element D’s actions were involuntary
Hill v Baxter
The case and rule for total loss of control.
If D only partially lost control, they cannot use this defense
AG’s Ref (2 of 1992)
Rule: The ‘trance-like state’ only leads to a partial loss of control and therefore is not enough for automatism
Cases for Caused by External Factors and what it includes
R v T - includes PTSD - as trauma is caused by external things
Hennessey - hyperglycemic - insanity - forgot to take insulin
Quick - hypoglycemic - automatism - too much insulin
Self-induced automatism - what is it, what can it only be used for?
It when D knows they are conducting themselves in a way that will lead to an automatic state that could be aggression or violence.
It can only be used on specific intent crimes, not basic intent crimes
What is meant by specific and basic intent?
specific - intention only part of mens rea
basic - mens rea has intention and another subpart like recklessness
Which case lays down the rules for self-induced automatism concerning basic intent crimes?
Bailey
Briefly, what are the rules that are stated in the case of Bailey (self-induced automatism)
State the cases for two of the rules
If automatism is caused due to recklessness from D, defense cannot be used
If the automatism is brought on by voluntary intoxication from the D, this is seen as reckless and therefore the defense cannot be used (Majewski)
However, if D did not know that their actions would cause an automatic state, the defense can be used, due to them not being reckless (Hardie)
