Defences: Automatism Flashcards
What case defined Automatism?
Lord Dennin in Bratty v AG
What did Bratty v AG define Automatism as?
An act which is done by the muscles without any control by the mind such as spasm, a reflex action or a convulsion
What is automatism?
Where the D is not insane but was unable to control their actions so they acted involutnary
Must be caused by an external factor
A complete defence
What is the two part test for automatism?
Completely involuntary
External factors
What does completely involuntary mean?
Automatism must prevent D forming necessary R for the offence (T)
No defence if there’s no complete loss of control (Watmore v Jenkins)
What happened in T?
Act was involuntary when she committed robbery and assualt whilst in a dream like state
What happened in Watmore v Jenkins?
Dropped in and out of consciousness, automatism failed as he had some contorl when he was conscious
What is an external factor?
D’s automatic, involuntary state must have been brought on from something external to their body
What is the case with diabetes?
If D taken theur insulin, may be external (Quick)
What happens if the state of dissociation is casued by the ordinary stresses of life
Classed as insanity
Burgess
What happened in Falconer?
D previously sexually abused
Found out he had been arrested for sexual abuse of their children
Automatism succeeded as it was an extreme external factor
What is self - induced automatism?
D induced his own automatic state so has prior fault
If the crime is specific intent, will self - induced automatism work?
Yes if it prevented the D from possessing the MR
If the crime is basic intent, will self - induced automatism work?
If D is unaware his actions would lead to an automatic state and was not reckless, may succeed
What happens if the self - induced automatic state was caused by alcohol or illegal drugs?
D can’t use the defence
DPP v Majewski - ‘reckless’
