Automatism Flashcards
(12 cards)
R v Bratty
leading case
An act done by the muscles without any control by the mind or an act done by a person who is not conscious of what he is doing.
2 types of automatism
Insane automatism
Non-insane automatism
Hill v Baxter
An external cause could be that you are struck by something
R v T
Rape was the external cause that caused her actions
R v Quick
It has to be from an external cause
AGR
The defendant must have lost complete control not partial control
What is self-induced automatism
D knows his conduct is likely to bring an automatic state
R v Quick (self-induced automatism)
Defendant did not eat after taking insulin
R v Bailey
It depends on the type of offence as to whether self-inducted automatism will be accepted
Self-induced automatism is available for specific intent offences
R v McGhee
Offence is not available to basic intent offences
R v Coley
Disinhibition because of consuming drink and/or drugs is not automatism.
Automatism is not available to a defendant who has induced an acute state of involuntary behaviour because of his own voluntary consumption of intoxicants
R v Hardy
D was not reckless as he did not know the effect Valium would have on him
