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Defences (Automatism (An act done by the the muscles without any control…

- - - - AG ref 2 of 1993
    - - Broome V Perkins
    - - Bratty V AG for NI
    - - Swarm of bees
        
        Hill V Baxter
      - PTSD
        
        R V T
      - Sneezing
        
        Whooley
    - - Bailey
- - - - D must be defect of reason
        
        D's power of reasoning are impaired
        
        Absent-mindness/confusion is not enough
        
        Clarke
      - Disease of the mind
        
        Internal
        
        Quick
        
        Mental or physical so long as it affects the mind
        
        Blood condition
        
        Kemp
        
        Epilepsy
        
        Sullivan
        
        Diabetes
        
        Hennessey
        
        Sleep disorder
        
        Burgess
      - D must not know the nature and quality of his act
        
        Or know it is wrong
        
        D does not understand his act
        
        Windle
- - - - D does not have intention for the crime
      - Offence is lowered to basic intent equivalent
        
        Sheehan & Moore
      - Drunken intent is still intent
        
        AG for NI V Gallagher
    - - MR only has to be recklessness
        
        Act of becoming intoxicated satisfies recklessness
        
        Majewski, Lipman
- - - - Kingston
    - - Hardie
    - - Allen
- - - - Act instinctively and honestly
      - Degree of force measured against circumstances as D believed them to be
      - Excessive force will fail
        
        Clegg
    - - Genuine belief in circumstances
        
        s,76 Criminal Justice and Immigration Act 1976
      - Can be mistaken or unreasonable
        
        Williams
      - Show a reluctance to fight
        
        Bird
      - Can strike first
        
        Beckford
      - Can prepare for an attack
        
        AG Ref 2 of 84
- - - - Tabassum, Dica
    - - Brown, Slingsby
      - Not in public interest that people harm each other for no good reason
        
        AG Ref 5 of 89
      - Unless it has social purpose
        
        Brown
    - - Honest belief
        
        Throw in air (no consent)
        
        Jones
      - D set on fire (no consent)
        
        Aitken
      - Thrown over balcony (drunken, mistaken belief)
    - - Within the scope of the game
        
        Billinghurst
    - - Tattoos
        
        Brown
      - Branding
        
        Wilson
    - - Suffers a wound