Automatism

Cards (25)

  • Which case provides the definition for automatism?
    Bratty
  • According to Bratty, what is the definition of automatism?
    An act done by the muscles without any control of the mind or an act done by a person who is not conscious
  • What is automatism caused by?
    An external factor
  • What is the three stage test for automatism?
    1 . Was there a total destruction of voluntary control
    2 . The cause is external
    3 . Was the automatism self-induced
  • Which case shows some/partially impaired control isn't sufficient for a total destruction of voluntary control?
    Broome
  • What is a "total destruction of voluntary control"?
    No voluntary control at all over their actions
  • Which case states that injecting insulin is an external factor?
    Quick
  • What does the case of Quick tell us is an external factor?
    Injecting insulin
  • Which case states that extreme stress is an external factor?
    R v T
  • What does R v T tell us is an external factor?
    Extreme stress
  • Which case states that a swarm of bees/wasps is an external factor?
    Hill
  • What does Hill tell us is an external factor?
    Swarm of bees/wasps
  • Which case states that sleepwalking is caused by an external factor?
    Burgess
  • What does Burgess tell us is an external factor?
    Sleepwalking
  • What happens if the automatism is not self-induced?
    Can use the defence to all offences
  • What is the first stage of automatism?
    Decide whether there was a total loss of voluntary control
  • If there was a total loss of voluntary control, what must we find out next?
    Whether it was caused by an external or internal factor
  • If the automatism was caused by an external factor, what must we find out next?
    Whether the D. was reckless getting into the automatic state
  • What happens if the defendant was NOT reckless getting into the automatic state?
    Can use defence to all offences
  • Which case tells us if the D. isn't reckless in getting into the automatic he can use the defence?
    Hardy
  • What happens if the defendant was reckless in getting into the automatic state?
    See if the offence the D. is being charged with is a specific intent or basic intent offence
  • What happens if, the D. was reckless getting into the automatic state, BI offence was committed?
    No defence - satisfies the recklessness element of MR
  • What happens if, after deciding the defendant was reckless in getting into the automatic state, they committed a specific intent offence?
    Successful defence - recklessness doesn't satisfy MR
  • Which case tells us that if, D. is reckless getting into the automatic state and charged with a SI offence, can raise the defence of automatism?
    Bailey
  • What does the case of Bailey tell us about automatism?
    If the defendant is reckless getting into the automatic state and is charged with a specific intent offence, they can raise the defence