automatism

• automatism

  d has not done ar voluntarily so doesn't have mr for offence
• automatism 1

  involuntary act

  'acts are done by the muscles without any control by the mind' (bratty)
• insane automatism 


  insanity
• automatism 2

  non insane - external factor

  AG Ref No2 - must be a 'total destruction of voluntary control'
• external factors example

  blow to head

  sneezing fit (whoolley)

  ptsd (r v t)

  hypnotism

  hypoglycaemia (quick)
• position on diabetes

  hypoglycaemia - taken too much insulin (external factor, non insane)

  hyperglycaemia - not enough insulin (internal factor, insane)
• automatism 3

  must not be self-induced

  automatism leads to acquittal where d blameless, if self-induced, d responsible
• self-induced automatism factors

  where d is aware that his conduct is likely to bring him to an automatic state (Bailey)

  consumption of alcohol or non-prescription drugs

  basic intent crimes - voluntarily, can't use defence (majewski)

  if d doesn't know actions are likely to lead to self-induced automatic state, has not been reckless, can use defence (Hardie)

  d knows his conduct is likely to make him aggressive, guilty