Defence - Automatism

Question 1

Define Automatism

Answer 1

An external factor resulted in involuntary conduct by D where D was not at fault.

External factor

i.e bee attack whilst driving causes drive to drive out of control Hill v Baxter

Question 2

Element of Automatism

Answer 2

Fundamental loss of control

Question 3

Case which looks at Courts requirement of medical evidence

Answer 3

Falconer [1990]

Question 4

What was decided in case of Quick [1973]

Answer 4

Insulin was an external factor

Not the disease of diabetes

None insane Automatism

Question 5

Name three cases of Automatism

Answer 5

Broome v Perkins

Fundamental loos of control not partial

Bailey

Self induced - defence of automatism not available as aware of consequence

Bratty v AG N.Ireland

Spasm, reflex and convulsions when D conscious or unconscious