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automatism - external factors - General defence (basics of automatism…
automatism
- external factors - General defence
basics
of automatism
Stages
There must exist an involuntary action arising from
external source or reflex action
The action must be
completely involuntary
The automatism must
not be self-induced
where the def. commits a crime where their
actions are involuntary and external
. This could be where for example an involuntary
natural reaction
occurs such as sneezing (
Whooley
) or being chased by a swarm of bees (
Hill v Baxter
).
can also exist where the defendant is
not conscious of their actions
due to an
external factor
often as a result of
medication
.
cases where the
pleas have worked
whooley
- sneezing
Didn't mean this lol and i cant undo it
R v T
- PTSD
step 1. There must exist an involuntary action arising from
external source or reflex action
The involuntary action must
NOT
arise from an
internal factor
otherwise the defence of
Insanity
will arise
cases and
examples
of an external reflex
Kemp
- Arteriosclerosis
Bratty
- Epilepsy
Burgess
- Sleepwalking
Burgess
- Hyperglycaemia arising from diabetes
step 2. The action must be
completely involuntary
If the
def. retains control over their actions
the
defence will fail
as they are not acting as an automaton (
A-G ref (No.2 of 1992)
)
The automatism must
not be self-induced
If the defendant knowingly puts himself in a position of automatism, the defence of automatism will fail. (Bailey)