General Defences - Automatism P1

Question 1

What is the legal definition of automatism

Answer 1

Something done by Ds muscles without the control of his mind, an involuntary reflex movement where D is not conscious of what he is doing

Question 2

What does the defence of automatism require

Answer 2

The total destruction of voluntary control on Ds part - impaird or reduced is not enough

Question 3

Which case stated the requirement being total destruction of voluntary control

Answer 3

A-Gs Reference

Question 4

Which case showed the AR must be voluntary for a crime to be liable (example being a swam of bees)

Answer 4

Hill V Baxter

Question 5

What kind of external facts are included within automatism

Answer 5

Traumatic event including severe shock

Question 6

Which case showed PSTD can operate to remove Ds MR (but didnt in this case)

Answer 6

T

Question 7

What is the second stage of automatism

Answer 7

Self-induced automatism - If there is evidence that the lack of control wass because of Ds own fault = no defence

Question 8

Which case showed D self induced himself to amount to a ‘reflex’ reaction to protect himself from snakes

Answer 8

Lipman

Question 9

Which case involved D self inducing himself by not eating and he knew he should have - he had control over it but failed

Answer 9

Bailey

Question 10

How does defence of automatism differ for specific intent crimes compared to basic intent

Answer 10

Specific intent crime - defence of automatism must have prevented him from forming the relevant MR
Basic intent - no defence of automatism if he was reckless

Question 11

What is insane automatism

Answer 11

Insanity

Question 12

What is non-insane automatism

Answer 12

Automatism

Question 13

Which case involved a hypo nurse in a mental hospital = automatism

Answer 13

Quick

Question 14

Which case involved a hypo driver swerving and driving recklessly but was still guilty as he had some degree of control

Answer 14

Broome v Perkins

Question 15

Which case shows the correct defence for insane automatism is insanity and not automatism

Answer 15

Hennessy

Question 16

What is the final thing that the court must consider when a defence of automatism is brought

Answer 16

Must consider whether the defence of insanity ought to be raised to the jury

Question 17

Which case defines automatism but in the case was actually allowed the defence of insanity instead

Answer 17

Bratty v A-G of NI