Hill v Baxter
1958 · 1 QB 277
Posted By lanbuk.com
- Facts
- The charge was dangerous driving. was raised. The court accepted that a driver whose arms and legs moved only by reflex, for example after a swarm of bees, would not be driving at all.
- Issue
- Can a reflexive movement be the of driving?
- Held
- A purely reflexive movement is not a voluntary act of driving.
- Principle
- Voluntariness is part of the act. A reflex is not an act.
- Why it matters
- The bees are the illustration. They mark the edge of automatism in driving cases.
Words and Latin in this note
- Actus reus
- The physical part of a crime: the act, the circumstances, and in a result crime the consequence. It does not include the state of mind. It must be voluntary, unless the offence is one of the rare status crimes. Open the note.
- Automatism
- An act done by the muscles without control by the mind, such as a spasm, a reflex, or a blackout. An external cause can be a complete defence. An internal cause, such as epilepsy, is treated as insanity. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.