automatism

• what is the defendant saying in pleading automatism?

  The defendant is claiming they were not in control of their actions due to an involuntary act.
• what is the outcome of pleading automatism?

  the defendant is aquitted as the loss of control is usually caused by some sort of external factor and it is normally an isolated event.
• what is the first element of automatism?

  The loss of control must be total
• what is the significance of the case of watmore v jenkins?

  If the D retains any degree over their conduct, they are not an automaton
• what is the second element of automatism?


  The loss of control is caused either by:

  An external factor that isnt linked to the brain

  An external factor that is linked to the brain
• What is an example of an external factor that is linked to the brain?

  Concussions, low blood sugar
• What is an example of an external factor that isnt linked to the brain?

  Slipping, muscular spasms caused by a bee sting, or mechanical failure of a car
• what is the significance of the case of r v quick?

  It shows that HYPOglycaemia is allowed for automatism
• what is the significance of the case of r v hennessy?

  HYPERglaecimia is not allowed for automatism
• what is meant by self induced automatism?

  Where someone voluntarily makes themself an automaton, normally via drink or drugs
• What would happen if a self-induced automaton tried to plead automatism?

  it would fail.
• when would a selfinduced automaton be able to plead automatism?

  If they fail to take prescribe drugs, only if they do not know the sort of conduct they'd do while being an automaton.
• what is the significance of the case of r v bailey?

  Self induced automatism will fail if the D knows that they may commit a similar offence to the one in issue.
• what case defines what automatism is?

  The attorney general for northern ireland v bratty
• what is the definition of automatism?

  An act done by the muscles, without any control of the mind, such as spasms, a reflex or convulsions; or an act done by the person who isnt concscious of what they are doing like an act done while suffering from a concussion or sleep walking
• what is an example of element one of automatism failing?

  AG's 2nd reference of 1992/3
• what is the significance of the case of r v mcghee 2013?

  The defence of automatism isnt available if the D made themself an automaton as a result of voluntary intoxication.