Automatism

• If successfully raised defendant ' not guilty for their uncontrolled actions '
• Definition ' a) any act done without the control of the mind

  b) any act done by a person who is not conscious of what he is doing whilst suffering from sleepwalking or concussion'
• Must be an external factor ( quick)
• Must have total destruction of voluntary control ( Ag ref )
• Must have enough evidence to prove total loss of voluntary control ( Hill v Baxter )
• PTSD and or exceptional stress is an external factor ( R v T )
• self induced = The defendant knows that their actions are likely to bring on an automatic state
• Cannot be a defence where the defendant was reckless or caused by illegal drugs/ other intoxicating substances ( Bailey )
• Belief drugs wouldn't have had that affect or different effect then it is not reckless - defence granted ( Hardie )