automatism

Question 1

insane automatism

Answer 1

the cause of the automatism is a disease of the mind with the M’Naghten rules

Question 2

non insane automatism

Answer 2

d is not insane but for some other reason was unable to control their actions and therefore acted involuntarily which must be caused by an external factor

Question 3

lord denning in bratty v AG definition

Answer 3

an act which is done by the muscles without any control by the mind such as spasm a reflex action or a convulsion

Question 4

1. completely involuntary

Answer 4

D loss of control by the mind must render the movement by his muscles as completely involuntary ( hill v baxter)

Question 5

2. caused by an external factor

Answer 5

there must be a factor, external to the body of the defendant that has caused the involuntary behaviour such as a serious blow to the head ( r v quick)

Question 6

2.1 self induced automatism

Answer 6

this is where d knows their conduct is likely to bring on an automatic state
-very rarely a defence
-may only be available for specific intent crimes

Question 7

specific intent

Answer 7

where the offence was in of specific intent self induced automatism can succeed if it prevent d from possessing the mens rea

Question 8

basic intent

Answer 8

where d was unaware that his actions would lead to an automatic state and was therefore not reckless the defence may succeed ( hardie)

Question 9

self induced automatic state by drink or illegal drugs

Answer 9

• d cannot use the defence
  it was decided that becoming voluntarily intoxicated is a ‘reckless course of conduct” (DPP v Majewski)

Question 10

burden of proof

Answer 10

the defendant must produce medical evidence to support his state of mind at the time of the offence