Automatism

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  • Created by: rachel
  • Created on: 08-06-14 10:39

Automatism

-Involuntary act caused by an external factor. Complete defence (not guilty if succesful).

Bratty- (Lord Denning)- 'an act which is done by the muscles without any control by the mind' eg spasm/reflex action/convulsion.

Involuntary act:

AG's Ref (No 2 of 1992)- Reduced awareness is not a defence, loss of control must be total.

External factor(s)-

Quick- HypOglycaemia (external factor).

R v T- Rape was an external factor (gave her PTSD)

Self induced automatism and a specifc intent crime

-If D induces his automatic state, the offence charged is a specific intent crime and D lacks the mens rea for it, D can use self-induced automatism as a defence.

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Automatism 2

Bailey-  S18- Specific intent crime, charged with S20 (reckless in taking the insulin and not eating).

Self induced automatism and a basic intent crime

-If the offence charged is a basic intent crime, D has been reckless in getting himself in a state of automatism, he will have no defence. (Majewski)- voluntarily getting into a state of automatism (intoxicated), so is reckless.

-However, if D does not know his actions are likely to lead to self induced automatism, he has not been reckless and can use the defence (Hardie).

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