Automatism

• 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