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-   -   Automatism defence and criminal damage (https://www.askmehelpdesk.com/showthread.php?t=531989)

  • Dec 5, 2010, 08:38 PM
    woodjeeves
    Automatism defence and criminal damage
    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)?
  • Dec 5, 2010, 09:06 PM
    Fr_Chuck

    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

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