Automatism

Question 1

Case

Answer 1

Bratty 1963

Question 2

Requirements

Answer 2

D’s actions were involuntary
Total loss of control
Due to external factors
Self-induced automatism only used for specific intent crimes

Question 3

D’s actions were involuntary

Answer 3

D must not be acting through choice
Hill v Baxter

Question 4

Total loss of control

Answer 4

Only partial loss is not enough
AG’s Ref (2 of 1992) 1993

Question 5

Caused by external factors

Answer 5

Whatever caused D to act must be external, not internal condition
R v T - includes PTSD

Question 6

Diabetes

Answer 6

R v Quick
HyPOglycaemia = automatism

Question 7

Self-induced

Answer 7

Only for specific intent

Question 8

Self induced basic intent

Answer 8

From R v Bailey
If cause of automatism is recklessness from D, this means mens rea, so no defence
If cause is voluntary intoxication, no defence (DPP v Majewski)
If D doesn’t know actions will lead to automatic state, allowed (R v Hardie)