AUTOMATISM

Question 1

whats self induced automatism

Answer 1

Self induced automatism works differently for specific
intent crimes (where only intention is enough) and basic
intent crimes (where D can be reckless).
D has self induced this state, it must be proven
that this negated D’s mens rea.

Question 2

R v Bailey for self induced

Answer 2

shows that if D induces this state and commits a
specific intent crime, he will not be guilty if he lacks mens
rea. If he has mens rea despite taking the substance, he will
still be guilty.

Question 3

whats involuntary conduct

Answer 3

D must be acting (totally) involuntarily.

Question 4

whats external factors

Answer 4

IF the jury feel it was involuntary, this
conduct must come from an external factor.

Question 5

what does bratty define automatism as

Answer 5

an act which is done by the muscles without control by the mind

Question 6

structure for automatism

Answer 6

1. involuntary conduct
2. external factors
3. self induced

Question 7

what cases do you use for explaining self induced automatism

Answer 7

R v Bailey shows that if D induces this state and commits a
specific intent crime, he will not be guilty if he lacks mens
rea. If he has mens rea despite taking the substance, he will
still be guilty.

Majewski shows that if D only commits a basic intent
crime, he will have been reckless in inducing himself and
will still have the mens rea.

R v Hardie clarifies that if D did not know he would be
inducing himself, he will not have this recklessness though.

Question 8

bailey for self induced

Answer 8

The cause of the automatism must be something external.