Defence automatism

Question 1

hill v baxter

Answer 1

unconscious whilst driving is a full defence

Question 2

r v t

Answer 2

extreme stress can count as an external factor

ptsd - she was acting as through in a dream.

Question 3

ag ref no 2 1992

Answer 3

must be a total destruction of voluntary control

Question 4

r v bailey

Answer 4

D was a diabetic who had failed to eat enough after taking his insulin to control his diabetes. He became aggressive and hit someone over the head with an iron bar. The trial judge ruled that the defence of automatism was not available

Question 5

r v hardie

Answer 5

Where the defendant does not know that his actions are likely to lead to a self-induced automatic state in which he may commit an offence, he has not been reckless and can use the defence of automatism. He expected the Valium to calm him down- not have the opposite effect and that’s what people take Valium for.