Legal Question in Criminal Law in Australia
Legal Advice on what is the difference between the defence of drunkness and the defence of automatism?
Asked on 9/17/12, 5:54 pm
1 Answer from Attorneys
Ugur Nedim
Sydney Criminal Lawyers
The defence of drunkenness does not exist in Australia. It may be that the accused's intoxication or drunkenness has relevance, as to the intent of the accused to commit the criminal act; but it is not, in of its self a defence.
Automatism is a defence. Essentially. for a person to commit a criminal act they must have willed it. The act must be done voluntarily.
If for example; a person has entered into a dissociative state, is under anaesthetic or is having an epileptic fit, clearly their actions at this time are "not willed" and automatism would be a potential defence.
Answered on 11/13/12, 9:35 pm
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