Automatism Flashcards
(5 cards)
1
Q
definition
A
“An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing…” (Braay v AG for NI)
2
Q
3 part test
A
without any control of the mind
external cause
must not be self induced
3
Q
without any control of the mind
A
D must act completely without control
(AGs Ref 2 of 1993) - ‘total destruction of voluntary control’
4
Q
must be an external cause
A
swarm of bees (Hill v baxter)
PTSD (R v T)
Sneezing (whooley)
‘trance like state’ (AGs Ref 2)
insulin (Bailey)
5
Q
must not be self induced
A
fails if D knows his conduct is likely to bring on an induced state (bailey)
basic intent- fails if D realised risk (hardie)
