automatism

Question 1

what type of defence is it

Answer 1

capacity defence

Question 2

define automatism

Answer 2

act done by the muscles without any control of the mind ie. reflex or spasm, or an act done by a person who is not conscious of what he’s doing

Question 3

what are the 3 elements

Answer 3

1- D had no control, act was involuntary
2- Due to an external cause
3- if automatism was self induced the defence fails for basic intent crimes

Question 4

what are the standards for an involuntary act

Answer 4

-Ds act must be involuntary
-D must have no control of his actions
-D has no MR for the offence as he’s unaware of what he’s doing

Question 5

a-g ref no.2 of 1992 (1993)

Answer 5

D was a truck driver who drove into the hard shoulder and hit a stationary car
NO DEFENCE
POL- driving without awareness isn’t automatism

Question 6

what are examples of external causes - element 2

Answer 6

• blow to the head
  -attack by bees
  -sneezing
  -hypnotism
  -effect of a drug

Question 7

hill v baxter

Answer 7

D was dangerous driving but said he was overcome by a sudden illness and had no memory of the incident
COULDNT RELY
POL- not paying attention isn’t automatism

Question 8

what is self induced automatism- what case set out the rules on self induced automatism

Answer 8

where D knows his conduct will bring about an automated state
Bailey

Question 9

what’s an example of self induced automatism

Answer 9

diabetic that fails to eat after taking insulin
or taking alchohol on medication

Question 10

Bailey

Answer 10

D was convicted of wounding with intent claimed was bc forgot to eat. after insulin
COULDNT RELY
POL- automatism was self induced

Question 11

define basic intent crimes

Answer 11

less serious, MR- intent/ sr
D has been knowingly reckless to get in automated state

Question 12

when can D not rely/ rely on automatism

Answer 12

for basic intent crimes as he was aware of recklessness
can rely if wasn’t aware his actions would lead to automated state-specific intent crimes

Question 13

Lipman

Answer 13

D took LSD with his gf before sleeping . this drug causes hallucinations. d thought attacked by snakes suffocated gf
COULD RELY
POL-self induced due to drinks and drugs, was reckless so has mr

Question 14

hardie

Answer 14

D set alight a wardrobe after taking valium, thought would calm him, had opposite effect
COULD RELY
POL-D didn’t have MR didn’t know would lead to this state