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Criminal Law - GenD

General Defences: Automatism

QuestionAnswer
Test for automatism Total loss of voluntary control due to an external factor
Smallshire Automatism is "a complete loss of voluntary control that is not caused by what the person could reasonably foresee and is not a self-induced incapacity or one that was a result of a disease of the mind"
Quick Takes insulin (external factor) and goes into a hypoglycaemic state (loss of control) - Defence applied
T D suffered PTSD from rape and carried out a robbery. Rape is an external factor, but still formed MR during robbery so no defence
AG Ref No.2 of 1992 Lorry driver drifting in and out of sleep hits car. Defence doesn't apply as there must be a total loss of voluntary control
Bailey Hypoglycaemic state was self-induced by failing to take food after a dose of insulin - defence fails
Hardie D takes valium trying to calm down but becomes agitated, sets fire to a wardrobe. Valium is external factor and defence applies
Hill v Baxter An example of an external factor is a driver being struck by a stone or attacked by a swarm of bees and swerving into traffic
Created by: Oscar.G
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