MCD - Automotism Flashcards
Definition
An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing (bratty v AG for NI)
Without any control of the mind
D must act completely without consciousness or control. (AGs ref 2 of 1993) - there must be a total destruction of voluntary control
There must be an external cause
The cause of automatism must be external to the D. Swarm of. Bees classed as external cause (hill v Baxter). The effect of post traumatic stress disorder (R v T). Sneezing (whooley). Condition of driving without awareness-driving for long periods of time puts driver in trance like state (AGS ref no 2). Effect of a drug hypnosis, or a blow to the head (bailey)
Must not be self induced
Will fail where D knows his conduct is likely to bring on an auomatic state (bailey). Where BIC are. Concerned, automatism may fail if D realises the risk (hardie). State of automatism comes about from Ds own involuntary intoxication; intoxication rules apply and defence likely fails (coley)
