Automatism Two Types of Automatism 149 Insane Automatism where the cause of the automatism is a disease of the mind an internal one within the M146Naughten Rules In such a case the defence ID: 937029
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A level Law: 3.16 Defences: Automatism Automatism Two Types of Automatism • Insane Automatism , where the cause of the automatism is a disease of the mind, an internal one within the M’Naughten Rules. In such a case the defence is insanity and the verdict not guilty by reason of insanity. • Non-Insane Automatism , where the cause is an external one. Where such a defence succeeds, it is a complete defence and the defendant is not guilty. Non-insane automatism: has to be caused by an EXTERNAL factor over which the defendant has no control. Bratty v Attorney-General for Northern Ireland (1963) done whilst Hill v Baxter (1958), a plea of automatism It has also been the case that exceptional stress can amount to automatism. This was illustrated in the case of R v T (1990), severe post-traumatic stress disorder. Although the judge allowed the defence, the jury were not convinced and convicted the defendant. CASE: Broome v Perkins (1987) nothing about the journey, but the court held that because it was a familiar journey, someone in his state should have been able to get home safely, because there was evidence that some of his actions could have been voluntarily controlled. Therefore, the def
ence of automatism was not available. or basic intent . If the defence is proved, then it is a complete defence and the defendant will be free to go. BASIC INTENT CRIMES SPECIFIC INTENT CRIMES COMPLETE DEFENCE SELF-INDUCED AUTOMATISM NON SELF-INDUCED AUTOMATISM Subject to the exceptions laid out in R v Bailey (1983) COMPLETE DEFENCE Key Terms – where the mens rea for a crime is one of intention. Examples include murder and which is grievous bodily harm with intent, and for which automatism will be a complete defence. Basic Intent , with the exception of s18 , and for which automatism will be a complete defence provided it was not self-induced. A level Law: 3.16 Defences: Automatism Self-Induced Automatism basic intent mens rea The rules for self-induced automatism, where a basic intent crime is committed, were laid down in R v Bailey (1983). Key Case: R v Bailey (1983) – the defendant was a diabetic who had failed to eat enough after taking his insulin. He became aggressive and hit someone over the head with an iron bar. The court held that the defence of automatism was not available because the defendant was reckless in becoming an automaton. CASE: R v Hardie (1994) state.