38784274
Automatism
- Elements
- 1.External Cause
- R V T (1990)
- D was raped and then proceeded to commit
robbery and an assault. D claims it was PTSD
induced.
- Stress and PTSD can amount to
an external factor.
- Stress and PTSD can amount to
an external factor.
- D was raped and then proceeded to commit
robbery and an assault. D claims it was PTSD
induced.
- R V Quick (1973)
- D took insulin but did not eat, he attacked a
patient. Pleaded not guilty to assault as he
was suffering from a hypoglycaemic
episode.
- Hypoglycaemia is an external factor
- Hypoglycaemia is an external factor
- D took insulin but did not eat, he attacked a
patient. Pleaded not guilty to assault as he
was suffering from a hypoglycaemic
episode.
- R V T (1990)
- 2.Involuntary loss of control
- AG Reference (No 2 of 1992) (1993)
- D was a lorry driver. He hit a stationary
vehicle killing 2. He suffered from a trance
like state called "Driving without
awareness".
- It was only a period of loss of control so did not amount of
automatism. Defence requires high degree of loss of
reasoning,
- It was only a period of loss of control so did not amount of
automatism. Defence requires high degree of loss of
reasoning,
- D was a lorry driver. He hit a stationary
vehicle killing 2. He suffered from a trance
like state called "Driving without
awareness".
- Broome V Perkins (1987)
- D suffered from Hypoglycaemia.
- D was convicted of driving without due care.
- D was convicted of driving without due care.
- D suffered from Hypoglycaemia.
- AG Reference (No 2 of 1992) (1993)
- 3. Self-Induced automatism
- 1. Drugs taken under medical prescription.
- R V Bailey (1983)
- D suffered with diabetes. D struck V with iron
bar. D had a sugar deficiency.
- D was guilty it was self induced. He was
armed with a Iron bar.
- D was guilty it was self induced. He was
armed with a Iron bar.
- D suffered with diabetes. D struck V with iron
bar. D had a sugar deficiency.
- R V Bailey (1983)
- 2. Unknown effects
- R V Hardie (1985)
- D took tablets which were not
prescribed. He then set fire to a
wardrobe.
- CA Quashed his conviction. The d thought
it would calm him down. D was not
reckless.
- CA Quashed his conviction. The d thought
it would calm him down. D was not
reckless.
- D took tablets which were not
prescribed. He then set fire to a
wardrobe.
- R V Hardie (1985)
- 1. Drugs taken under medical prescription.
- 1.External Cause
- Definition
- a) A defendant had s total loss of voluntary
control b) Caused by an external cause
- R V Bratty (1693)
- Lord Denning: An act done by the
muscles without any control by the
mind.
- Lord Denning: An act done by the
muscles without any control by the
mind.
- a) A defendant had s total loss of voluntary
control b) Caused by an external cause
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