7729042
Automatism
- Insane Automatism
(Insanity)
- Non-insane automatism
- If successful gives the
special verdict - not
guilty by reason of
insanity and an acquittal
- Burden of proof is on
the prosecution to
disprove it beyond
reasonable doubt
- If successful gives the
special verdict - not
guilty by reason of
insanity and an acquittal
- D must have no voluntary
control over his actions:
ATTORNEY GENERAL'S
REFERENCE (NO.2 OF 1992)
(1993)
- D's automatic state
must be caused by an
external factor
- Blow to the head
- Sneezing
- Effect of a drug:
QUICK
- Blow to the head
- Self-induced automatism
- D knows his conduct is
likely to bring on an
automatic state: BAILEY
- Can be a defence to
specific intent crime if D
lacked the mens rea
- If the offence is basic intent
- If D has been reckless
getting into an automatic
state, self induced
automatism cannot be a
defence
- Where the delf-induced
automatic state is caused by
voluntary intoxication, D
cannot use the defence of
automatism: DPP v MAJEWSKI
- Where D does not know that his
actions are likely to lead to a
self-induced automatic state in
which he may commit an offence, he
has not been reckless and can use
the defence of automatism: HARDIE
- If D has been reckless
getting into an automatic
state, self induced
automatism cannot be a
defence
- D knows his conduct is
likely to bring on an
automatic state: BAILEY
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