Automatism Flashcards
(4 cards)
Requirements
complete loss of voluntary control caused by an external factor, and D is not at fault in causing the condition
Complete loss of voluntary control
Attorney-General’s Reference (No.2 of 1992): “the defence of automatism requires that there was a total destruction of voluntary control in the defendant’s part. Impaired, reduced, or partial control is not enough.”
R v Coley: not enough to be acting irrationally- there must be a complete lack of physical control
An external factor
R v Quick: hypoglycaemia
R v T: rape (traumatic event)
R v Ritchie: (carbon monoxide poisoning)
D not at fault in causing the condition
R v Lipman: if D’s mental state is caused by taking alcohol or illegal drug they cannot plead automatism
R v Quick: if a diabetic is aware they may enter a state of lack of awareness, but refrains from eating when symptoms first appear, they may be held responsible