"An act which is done by the muscles without any control by the mind, such as a spasm, a reflex action or convulsion" "or act by person not conscious of what doing, act done whilst concussed or sleep-walking" - Bratty v AG NI.
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What must the act be?
Involuntary and due to an external factor.
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What is an example of an external factor?
A blow to the head, attacked by swarm of bees (Hill v Baxter), sneezing, PTSD (R v T)
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What is self-induced automatism?
Quick - diabetic who had taken insulin but not eaten.
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When can you plead automatism?
Basic intent - prosecution must demonstrate D was reckless (R v Bailey), If intoxicated can't be used (DPP v Majewski).
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Card 2
Front
What is the definition of automatism?
Back
"An act which is done by the muscles without any control by the mind, such as a spasm, a reflex action or convulsion" "or act by person not conscious of what doing, act done whilst concussed or sleep-walking" - Bratty v AG NI.
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