Automatism Flashcards

(4 cards)

1
Q

Requirements

A

complete loss of voluntary control caused by an external factor, and D is not at fault in causing the condition

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2
Q

Complete loss of voluntary control

A

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

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3
Q

An external factor

A

R v Quick: hypoglycaemia
R v T: rape (traumatic event)
R v Ritchie: (carbon monoxide poisoning)

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4
Q

D not at fault in causing the condition

A

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

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