Non-insane Automatism Flashcards
1
Q
To use non insane automatism as a defence, D must….
A
Have a defect of reason - COMPLETE LOSS of the power of reasoning - QUICK
The defect has an EXTERNAL CAUSE - QUICK
Lord denning “No act is punishable if it is done involuntarily spasm or reflex action” - BRATTY
2
Q
Limits on the defence
A
D must have no control over his actions - BROOME V PERKINS
3
Q
Self induced automatism
A
Not available even where D is suffering from HYPOGLYCAEMIA if it’s D’s fault that he is in such condition KNOWING this might lead to aggressive, unpredictable and uncontrollable conduct.
Contrast this with HARDIE.