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Automatism

Automatism. Criminal Law A2. Automatism.

amaya-bradshaw
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Automatism

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  1. Automatism Criminal Law A2

  2. Automatism • An act done by the muscles without any control by the mind, such as a spasm, a reflex, action or a convulsion or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking Bratty V Attorney General for Northern Ireland 1963 • For Jury to decide if it applies.

  3. Non-Insane Automatism Two types of automatism Insane automatism –caused by disease of mind- Insanity Non-insane Automatism Defence because Actus Reus not done by D voluntary • External cause • Blow to head • Attack swarm of bees-Kay V Butterworth • Sneezing • Hypnotism • Effect of a drug • Exceptional stress- T1990 Concept no fault approved in Hill V Baxter Partial loss of control is not enough Attorney General‘s reference ( No2 of 1992)(1993)

  4. Self Induced • Where D knows that his conduct is likely to bring on an automatic state • Bailey 1983 • Sets out when defence available. • If offence one specific Intent then self induced automatism can be defence. Lacks Mens Rea • If basic intent then • If D has been reckless in getting in state, then no defence. (recklessness enough for MR for offences of basic intent) • Where self induced through drink and illegal drugs can not use defence. Getting in state is reckless-MR • Where d does not know his actions likely to lead to self induced automatic state in which he may commit an offence he has not been reckless, can use defence- Hardie 1984- Vallium fire wardrobe

  5. Task • Copy out the table on pg 176

  6. Task • Read the activity on pg 176 and then answer the questions. Give reasons for your answers

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