#General #Defence #Automatism #Criminal #Law
Simple revision notes on defence of automatism criminal law A2 offering great law study help for any sixth form college students.
Content of video:
(0:00) – Introduction to defence of automatism
(0:33) – Need of External Factor
(1:02) – Self-Induced automatism
(1:35) – Self-Induced automatism with specific intent
(1:57) – Self-Induced automatism with basic intent
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Smash that mf like if ro's crim law class brought you here. Also please re up with correct spelling
i love it
Great!
I thought I'd just point out a couple things. It's technically incorrect to say that automatism is an act done by the muscles, without any control by the mind. Obviously the unconscious mind has involvement in the actus reus; it's the fact that the person has not acted consciously or deliberately which informs a conclusion no mens rea is present. The second slide clearly communicated this, but the first one might create confusion in the courtroom; the absence of mental function does not extend to the point where only the muscles have control over the situation.
Being from Australia, I can't speak on the exact precedent you've referenced for determining the legal position of automatism, but it's important to note that if the person has been involuntarily drugged or intoxicated, the automatism defence should still be available. Someone who has been involuntarily thrust into a state of automatism will still be able to use the defence.
I'm not criticising your presentation by the way; it was clear and concise. I just thought I'd correct a few specifics, because small things like these are very, very important in the law, as opposed to many other professional fields. The slightest misinterpretation or misapplication of a precedent or few words can make an enormous differences so make sure you take a lot of care with how you present the legal position of these things. Well done!