Automatism

Question 1

What’s the identification for Automatism?

Answer 1

Common law defence defined by Lord Denning in AG v Bratty

Question 2

What’s the definition for automatism as per AG v Bratty?

Answer 2

An act done by the muscles without any control by the mind such as a spasm, reflex action or convulsion or someone not conscious of what he’s doing

Question 3

What are the 3 elements for Automatism?

Answer 3

1. External cause
2. Involuntary control
3. Was automatism self-induced

Question 4

What’s the principle from Hill V Baxter?

Answer 4

Pearson J: loses control because he was stung by a swarm of bees, struck on the head by a stone, heart attack whilst driving

Question 5

What’s the principle from AG’s Ref for automatism?

Answer 5

Partial loss of control doesn’t amount to automatism, defence requires high degree of reasoning powers

Question 6

What’s the principle from Broome v Perkins?

Answer 6

From time to time he exercised conscious control

Question 7

What’s the principle from R v Bailey?

Answer 7

For specific intent offences a self-induced automatism can be a defence. This is because D lacks required MR for the offence

Question 8

What’s the principle from Hardie?

Answer 8

Becoming intoxicated is a reckless course of action and sufficient evidence of MR for basic intent offences