automatism
- Created by: joshnicholls238
- Created on: 18-02-14 11:05
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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
- when a d commits a crime in circumstance their actions can be argued to be involuntary they act like an automaton
- 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
- other examples include
- upheld in r v isitt
- impaired, reduce or partial control will prohibit use of defence
- must show total loss of control over his or her body movements
- 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
- sleepwalking
- were theres a crime of mr extent of the loss of control will depend on crime involved
- 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
- intro
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