Automatism

Cards (11)

  • What is it?
    D is not legally insane but due to external factors beyond his control cannot exercise full control
  • Bratty v AG of Northern Ireland
    "Something done by D's muscles without the control of his mind, such as a spasm, a reflex or convulsions; r an act done by a person who is not conscious of what he's doing"
  • Elements
    Elements
    1. Total loss of control
    2. External factor
    3. Not self-induced
  • Loss of control
    Partial or reduction of control is insufficient (AG's Ref)
  • External factor
    Of outside influence eg:
    • Blow to the head
    • Attack by swarm of bees
    • Sneezing fit
    • Hypoglycemia
    • Hypnosis
    • Exceptional stress from trauma
  • Hill v Baxter
    Attack of bee swarm
  • R v T
    Exceptional stress from trauma
  • Not self induced
    Full aquittal
  • Self-induced -specific intent crimes
    Can use defence but will be partial and convicted of a basic intent alternative
  • No basic intent alt?
    No conviction (R v Bailey)
  • Self-induced (basic intent crime)
    No defence