Automatism (Paper 1)

Question 1

Definition of automatism

Answer 1

An act done by the muscles without any control of the mind

Question 1

Automatism was defined by which judge in which case

Answer 1

Lord Denning in Bratty v AG of Northern Ireland

Question 2

Automatism must be caused by these kinds of factors

Answer 2

External

Question 3

Examples of automatism

Answer 3

Reacting to a swarm of bees/sneezing/spasm/reflex (Hill v Baxter)
Hypoglycemia - Diabetes (Quick)
Concussion
Hypnosis
Effects of medication, e.g. anaesthetic

Question 4

Stage 1 of automatism

Answer 4

The defendant must have lost full control of their actions

Question 5

Ruling in Broome v Perkins

Answer 5

Partial control is not enough, if there is evidence that the defendant still had some control over their body, they will not get the defence

Question 6

Meaning of self-induced automatism

Answer 6

Doing something or not doing something which the defendant knows will put them in an automatic state (Bailey)

Question 7

Can self-induced automatism be used as a defence for basic intent crimes

Answer 7

No because the fact that D got into a self-induced automatic state is evidence of recklessness and the crime is complete

Question 8

Why can self induced automatism be used as a defence for specific intent crimes

Answer 8

The D cannot form the intention as they are not in control

Question 9

Stage 2 of automatism

Answer 9

D must not have the mens rea for the crime