automatism

• Bratty - act done by muscles without any control by the mind (spasm, convulsion)


  1. must be a total loss of voluntary control
  2. caused by an external factor
  3. was it self-induced?
• does not require mens rea for offence
• total loss of voluntary control examples

  • blow to the head
  • an attack by swarm of bees
  • sneezing
  • hypnotism
  • the effect of a drug
• Hill v Baxter (total loss of voluntary control)


  D must be in automatic state through external cause to rely on defence
• A-Gs ref(No2) (total loss of voluntary control)


  D must have lost the ability to control their actions rather than having reduced or partial control
• R v T (must be caused by an external factor)


  exceptional stress can be external factor
• Quick


  must be caused by an external factor
• Hennessy


  if internal factor it is insanity
• Bailey (was it self induced?)


  if specific intent crime, can be a defence
• if D is reckless in getting into a state of automatism - no defence
• Majewski


  becoming voluntarily intoxicated is a reckless course of conduct
• Hardie


  defence is available if commit basic intent crime with no prior fault
• burden of proof - require medical evidence to raise their defence to automatism
• full defence resulting in acquittal