Automatism

Question 1

Why is automatism a defence?

Answer 1

Because the actus reus was involuntary and the defendant didn’t have the required mens rea (there was a total loss of control)

Question 2

Which case approved the concept of no fault during an automatic state?

Answer 2

Hill v Baxter

Question 3

In which case did the defence fail because there wasn’t a total loss of control?

Answer 3

AG Ref No.2 1992 (a lorry driver crashed and killed two people - claimed he had lost control but there was evidence he was partially in control)

Question 4

In which case was it decided that exceptional stress could be considered an external factor that could cause automatism?

Answer 4

R v T (PTSD)

Question 5

Can a defendant use the defence of automatism if it is self-induced?

Answer 5

They can for specific intent offences (as long as they didn’t form the mens rea) but they can’t use it for basic intent offences

Question 6

Give an example of case of self-induced automatism

Answer 6

R v Bailey

Question 7

When is self-induced automatism more likely to succeed?

Answer 7

When the defendant doesn’t know their actions will cause a self-induced automatic state (R v Hardie)

Question 8

Which case shows that the factor causing the automatism must be external?

Answer 8

R v Coley