Automatism Flashcards
How is automatism defined in Bratty v Attorney General for NI?
An act done by the muscles without any control by the mind, for example a spasm, reflex action or convulsion
What is the defence of non-insane automatism?
The actus reus is not voluntary and because of the automatism, the defendant cannot have the mens rea
What was held in Hill v Baxter regarding automatism?
There is no fault when the defendant is in an automatic state from an external cause (Hypnotism, sneezing fit or blow to the head)
What was held in R v T regarding automatism?
The defendant committed robbery while suffering from PTSD.
Exceptional stress may be an external cause of automatism
What did Att. General’s Reference (No. 2 of 1992) state regarding automatism?
There has to be a total loss of control, and a reduced or partial loss of control is not sufficient
What is self induced automatism?
The defendant knows their actions are likely to bring on an automatic state
What is specific intent in automatism?
Offences where the mens rea is only intent, such as murder or S.18 OAPA 1861 offences
What is basic intent in automatism?
Offences where recklessness also forms the mens rea, such as manslaughter, s.20 and s.47 OAPA 1861 offences
What happens if automatism results from improper actions or failure by the defendant?
Automatism can be used as a defence for specific intent offences
What happens if automatism results from the defendant knowing there was a risk of becoming an automated state?
Automatism CANNOT be used as a defence for basic intent offences
What was held in R v McGhee regarding automatism?
Automatism couldn’t be used due to voluntary intoxication
What was held in R v Hardie regarding automatism?
It was held that he had not been reckless in the use of drugs and the defence should’ve been left for a jury to decide
What was held in Broome v Perkins?
Any evidence of control on D’s part will cause the defence to fail
