automatism

Question 1

automatism

Answer 1

commits crime whilst suffering from a malfunctioning of the mind due to an external cause

Question 2

involuntary automatism

Answer 2

beyond d’s control - aquital
bratty defined it as an act done without any control by the mind
normal crime - reduced control
SL - no control at all

Question 3

Ryan

Answer 3

startled during a robbery - d claimed reflex

high court held he was guilty as reflex action is not part of the defence

Question 4

Broome v Perkins

Answer 4

hypo episode as he didn’t eat after insulin, he drove hitting cars
automatism failed - evidence he had control as he was swerving the cars

Question 5

Watmore v Jenkins

Answer 5

hypo episode but carried on driving for 5 miles

automatism failed - as he had to have complete destruction for it to succeed

Question 6

AG Ref No2

Answer 6

lorry driver drove for over 6 hours, crashed killing 2 people
D raised automatism since he had driving without awareness
COA - automatism failed as only total unawareness would suffice in the future

Question 7

Hill v Baxter

Answer 7

driving and was overcome with a mysterious illness - drove through a stop sign and crashed
Automatism failed - since he clearly had control of the car

Question 8

Whoolley

Answer 8

had a sneezing fit whilst driving causing a crash of several cars
The MC - automatism succeeded as the sneezing was an involuntary act

Question 9

T

Answer 9

raped and suffered PTS when days later she was charged with robbery and stabbing the victim
TJ - allowed automatism as it was an external cause
Jury - rejected it and convicted her

Question 10

Narbrough

Answer 10

courts held there is no link between PTSD and dissociation so automatism failed

Question 11

Falconer

Answer 11

wife killed husband as he had been sexually abusing her and her daughters
automatism succeeded as it was an extraordinary trigger

Question 12

Rabey

Answer 12

geology student attacked and strangled a girl with a rock as she didn’t love him back
D pleaded automatism by dissociation and the TJ accepted
On appeal the SC held that ‘ordinary stresses of life do not constitute an external cause’

Question 13

Stone

Answer 13

wife insulted him so he stabbed her 47 times

automatism failed - insanity as its an ordinary trigger

Question 14

Hennessy

Answer 14

took a vehicle without the owners consent - hadn’t taken his insulin in 3 days, hyper seizure
pleaded guilty but would have been NGRI

Question 15

Quick

Answer 15

nurse attacked his patient - took insulin but ate nothing after
COA - automatism as it was external drugs taken

Question 16

Burgess

Answer 16

attacked with a wine bottle and a VCR, claimed he was sleep walking.
pleaded automatism but it was internal so insanity

Question 17

Parks

Answer 17

during his sleep he drove to his in-laws killing the mother in law and attacked the father in law, claimed he was sleepwalking
automatism succeeded as it was caused by external stress at work

Question 18

Bilton

Answer 18

young couple drinking in a bar, d raped a girl whilst she was asleep
automatism succeed - should of been internal

Question 19

Thomas

Answer 19

gang attacked an older couple, he suffered night terrors and killed his wife in the night
should of been insanity but the prosecution withdrew so it was automatism

Question 20

Kay v Butterworth

Answer 20

felt sleep&drowsy but continued to drive and fell asleep at the wheel
automatism failed as it was his own fault

Question 21

Bailey

Answer 21

diabetic for 30 years - took insulin but failed to eat and attacked a man with a bar
guilty of S.18&S.20 reckless
COA created the Bailey exception - where D was not reckless as they did not foresee the likely reaction then the defence may succeed

Question 21

Bailey

Answer 21

diabetic for 30 years - took insulin but failed to eat and attacked a man with a bar
guilty of S.18&S.20 reckless
COA created the Bailey exception - where D was not reckless as they did not foresee the likely reaction then the defence may succeed

Question 22

C & Clarke

Answer 22

both hypoglycaemic seizures of which they continued to drive killing pedestrians
automatism failed as it was self induced