Automatism Flashcards
What is the definition of automatism?
Lord Denning - An act done by the muscles without control of the mind
Who gave the definition of automatism?
Lord Denning
What are the two tests in automatism?
D’s actions are completely involuntary
D must have no mens rea
What is stage 1?
The D’s actions must have been completely involuntary.
There must be a complete loss of control, caused by an external factor
What is the case for bees?
Hill v Baxter
What is the case for sneezing?
Whooley
What is the case for diabetes? (hypoglycaemic)
Quick
Extreme stress
T
What is stage 2?
D must have had no mens rea
Broome v Perkins - If D had control at any point, the defence will fail
Hill v Baxter
Bees
Whooley
Sneezing
Quick
Diabetes
T
Extreme Stress
Broome v Perkins
If D had control at any point, the defence will fail
If D had control at any point, the defence will fail
Broome v Perkins
Lord Denning
Automatism is an act done by the muscles without control of the mind
Automatism is an act done by the muscles without control of the mind
Lord Denning
What is the side rule for stage 2?
Self induced automatism
Bailey - there is no defence if D was reckless in bringing about his automatic state
Bailey for basic intent
there is no defence if D was reckless in bringing about his automatic state
Bailey for specific intent
there is a defence as D cannot form the intention as they aren’t in control
What is the case for self induced automatism?
Bailey
