Non-Insane Automatism

Question 1

what is non-insane automatism

Answer 1

Bratty v A-G for NI //an act done by the muscles without any control of the mind

EXTERNAL CAUSES

Question 2

Bratty v A-G for NI

Answer 2

automatism is an act done by the muscles without any control of the mind

EXTERNAL

Question 3

2 elements of automatism

Answer 3

1. external cause

2. total destruction of voluntary control

Question 4

1. External cause

Answer 4

usually something down to the environment

examples - blow to head, effect of drug

OR

swarm of bees attacking you // Hill v Baxter

PTSD // R v T

HYPOGLYCAMIC COMA - diabetes // Broome

Question 5

Hill v Baxter

Answer 5

being attacked by bees was an external cause for automatism

Question 6

R v T

Answer 6

she was raped causing PTSD - this is an external cause

Question 7

Broome v Perkins

Answer 7

hypoglycaemic comas can be considered for automatism

Question 8

2. Total destruction of Voluntary Control

Answer 8

A-G ref (No2 of 1992) cannot just be a partial loss

can’t have any control like in Broome

Question 9

rules for self-induced automatism

Answer 9

if you know the conduct will likely put you in a automatic state = no defence // R v Bailey

Vol intox = no defence as reckless conduct // Majewski

if you are unaware you’ll be put into an automatic state - defence available // Hardie

Question 10

what intent type offences is automatism avaliable for?

Answer 10

Specific intent - as lack MR

Basic intent (NO) if there was recklessness