Automatism

?
Automatism.
.
1 of 6
What is the definition of automatism?
"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.
2 of 6
What must the act be?
Involuntary and due to an external factor.
3 of 6
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)
4 of 6
What is self-induced automatism?
Quick - diabetic who had taken insulin but not eaten.
5 of 6
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).
6 of 6

Other cards in this set

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.

Card 3

Front

What must the act be?

Back

Preview of the front of card 3

Card 4

Front

What is an example of an external factor?

Back

Preview of the front of card 4

Card 5

Front

What is self-induced automatism?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »