Automatism

Question 1

Source

Answer 1

• Common law
• All MR crimes
• Full excusatory defence

Question 2

Definition

Answer 2

Def by Lord Denning in Bratty v A-G NI = “mind not in control of muscles due to spasm, reflex, convulsion or unconsciousness”

Question 3

Elements

Answer 3

1 - Loss of control
2 - External cause
3 - Not self induced

Question 4

Element 1

Answer 4

Complete loss of voluntary control
- All powers of control
- Partial is insufficient (Broome v Perkins, AG’s Ref No.2 1992)

Question 5

Element 2

Answer 5

Caused by an external factor
- Blow to the head, concussion, convulsion, spasm, reflex, swarm of bees (Hill v Baxter), uncontrollable sneezing (Whooley), extreme PTSD (Re T), improperly taken meds (Quick)

Question 6

Element 3

Answer 6

Not self induced
- Now allow = vol intox, improperly managed condition (Clarke), retain some control (Coley)
- Allow = adverse reaction to meds (Bailey), soporific drugs taken for right reason (Hardie)