Paper 1.13b - Automatism Flashcards
What are the two types of automatism?
Insane and non-insane.
Who is the defence of automatism intended for?
People who don’t have the required MR but committed the crime due to an external factor eg swarm of bees, sneezing, hypnotism.
Who is the burden of proof on in the defence of automatism?
The prosecution, beyond all reasonable doubt.
Is automatism a full or partial defence?
Full, leads to acquittal.
Bratty defines automatism as what?
“Act done by muscles without any control of the mind such as a spasm, reflex action or convulsion; or an act done by a person who is not conscious of what they are doing eg concussed or sleep-walking.”
Must D’s automatism be from an internal or external factor? What case defined this?
External - Hill v Baxter (swarm of bees), Woolley (sneezing)
What is the significance of the case of Quick, in terms of automatisms?
Taking too much medicine/insulin could amount to an automatism.
How much ‘voluntary control’ must be lost for D to qualify for automatism? What is the case example of this?
Total loss of control - AG Ref, lorry driver hit a broke down car.
What is self-induced automatism? What is the case study for this?
D knows their conduct is likely to bring about an automatic state.
Bailey.
What is a specific intent crime and can self-induced automatism be a defence to one?
Only mens rea is intention eg theft, murder.
Yes, D lacks the MR for the crime.
What is a basic intent crime and can self-induced automatism be a defence to one?
Mens rea is intention or recklessness eg ABH, assault.
No, D is reckless by getting into a situation where they may become automatic.
What happened in the case of Hardie?
D took some of his ex-girlfriend’s Valium to calm down. It had the opposite effect and caused D to set V’s wardrobe on fire. CA quashed conviction as he had not been reckless.
