B3 - Fatal Offences Flashcards
(14 cards)
automatism steps
intro - 3 part test from Bratty
1- total involuntary act
2- external cause
3- incapable of forming MR
4-self induced
5- outcome
AUTOMATISM
what is the test established in Bratty
an act done by the muscles without any control by the mind,
or an act done by someone unconscious of what they’re doing
AUTOMATISM
what is the rule/ test for involuntary act
- complete destruction of voluntary control
- total lack of awareness, not a partial automatic state
AUTOMATISM
what is the case for involuntary act
Hill V Baxter - caused death when he fell asleep while driving - falling asleep can be controlled so defence failed
AUTOMATISM
what must the cause of the act be
external
AUTOMATISM
examples of external causes
swarm of bees, hit on head, sneezing fit
AUTOMATISM
what are the 2 cases for external cause
quick
R v T
AUTOMATISM
what happened in quick
didn’t eat after taking insulin and attacked patient - successful as not eating was the external cause
AUTOMATISM
what happened in R v T
disassociated and committed robbery after being raped - defences failed even tho judge advised jury it was available
AUTOMATISM
what is the rule for MR
must be incapable of forming it due to automatic state
AUTOMATISM
what is the case for MR
bilton - raped v while sleepwalking after drinking - didn’t have MR as didn’t know drinking would cause that - sleepwalking caused by external factor of alcohol
AUTOMATISM
rules for self induced crimes
basic intent - MR includes recklessness, no defence available
specific intent - MR is intent only, partial defence available
unaware actions lead to state - (like in Bilton) full defence available
AUTOMATISM
case for self induced crimes
bailey - took insulin and didn’t eat on purpose to get in automatic state - failed as he formed MR before
AUTOMATISM
what is the outcome if defence succeeds
full acquittal
