automatism

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  • automatism
    • intro
      • when a d commits a crime in circumstance their actions can be argued to be involuntary they act like an automaton
        • examples of automatism in hill and baxter
      • lord denning summarized in bratty what was meant by automatism
    • supporting evidence is needed
      • hill and baxter
    • crimes of strict liability require total loss of control
      • must show total loss of control over his or her body movements
        • impaired, reduce or partial control will prohibit use of defence
          • upheld in r v isitt
            • other examples include
              • watmore and jenkins
              • broome v perkins
              • attorney generals reference no2 of 1992
              • r v whoolley
    • crimes of mens rea
      • were theres a crime of mr extent of the loss of control will depend on crime involved
        • sleepwalking
          • burgess = denied automatism and deemed appropriate defense was automatism
          • sometimes are willing to allow that a dissociative state cased by some extraordinary event may be classed as automatism
            • r v t
            • r v narborough undermined   r v t
    • automatism must not be self induced
      • k v butterworth
      • w d has placed himself in a state of automatism i.e failing to eat after taking insulin defence will depend on whether they knew there was a risk of getting into such state
        • quick
        • r v bailey
        • r v c and r v clarke
    • were ds automatism involved drink or drugs then the defence of intoxication applies
      • r v lipman

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