Log in

View Full Version : Automatism defence and criminal damage


woodjeeves
Dec 5, 2010, 08:38 PM
Hello,

If one's drink is spiked in a nightclub, and following that one looses his consciousness and goes on to damage a property (below £5000), is one liable criminally? Can one use a defence of automatism (even if the police failed to check one for presence of drugs in his organism at the time of arrest, which followed the crime immediately)?

Fr_Chuck
Dec 5, 2010, 09:06 PM
If one is not conscience, how did they do property damage if they were passed out ?

Next you can always claim this as a defense but you will have to prove someone spiked the drink, since merely being drunk yourself, is not an excuse