automatism

Cards (16)

  • full defence resulting in aquittal
  • defined in bratty v ag
  • def - an act done by the muscles without any control by the mind such as a spasm or convulsion
  • bop is on pros to disprove
  • must be total loss of contorl (hill v baxter)
  • not a reduced or partial loss (a-g no 2)
  • must be an external factor
  • external includes - bees - hypnotism - drugs
  • stress (r v t)
  • if from external state of insulin (quick)
  • sleepwalking (burgess)
  • self induced - defence to specific intent not basic intent (bailey)
  • if charged with basic intent - p must prove d was reckless
  • cannot use defence if intox (majewski)
  • if they don;t know it will bring on a state they haven't been reckless (hardie)
  • commits basic intent with prior intent can't rely on defence (coley)