the defence of automatism

Question 1

two types of automatism

Answer 1

• insane automatism (insanity)

- non insane automatism (automatism)

Question 2

if successful what does the defence of automatism lead to

Answer 2

an acquittal

Question 3

who is the burden and standard of proof on when d raises defence

Answer 3

prosecution

beyond reasonable doubt

Question 4

what must d first have for the defence and examples and case

Answer 4

d must have no voluntary control over his actions
spasm, reflex action/ not conscious
AG REF NO2 1922

Question 5

authority for spasm, reflex action/ not conscious

Answer 5

bratty

Question 6

AG REF NO 2 1992

Answer 6

C/A held that because he still had some control over the lorry, this did not amount to automatism

partial loss of control insufficient

Question 7

what must ds automatic state be caused by

Answer 7

an external factor

Question 8

examples and case for Ds automatic state being caused by an external factor

Answer 8

-blow to head
-bees
-sneezing and hypnotism
HILL V BAXTER

Question 9

case for effect of a drug being external factor

Answer 9

QUICK

Question 10

QUICK

Answer 10

C/A held his failure to eat meant insulin caused loss of control and this was an external factor
correct defence automatism not insanity

Question 11

what is self induced automatism

Answer 11

where d knows his conduct is likely to bring on an automatic state

Question 12

when can self induced automatism not be defence

Answer 12

• if d has been reckless in getting into an automatic state: BAILEY
• where self induced automatic state is caused by voluntary intoxication: MAJEWSKI

Question 13

why is self induced automatism not a defence where it is caused by ds voluntary intoxication

Answer 13

d seen as reckless in getting intoxicated so has MR for basic intent offence