Defence of Automatism

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Created by
Rozanna Omran

Cards (5)

    1. Non-insane automatism, If successful, leads to an acquittal.
  • 3. D must have no voluntary control over his actions. E.g. D suffers a spasm, a reflex action or is not conscious of what he is doing: ATTORNEY GENERAL’S REFERENCE
  • 4. D’s automatic state must be caused by an external factor. Example: Effect of a drug (like insulin): QUICK
  • 2. When D raises this general defence, the burden is on the prosecution to disprove it beyond reasonable doubt.
  • 5. Self-induced automatism is where D knows his conduct is likely to bring on an automatic state.
    • If D has been reckless in getting into an automatic state, self-induced automatism cannot be a defence: BAILEY