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Defences
Mental capacity defences
Automatism
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Liam
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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