1B - Automatism - Case List

Question 1

Bratty v AG for NI

Answer 1

automatism means an act which is done by the muscles without any control of the mind, such as a spasm, or reflex action or convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from a concussion or whilst sleep waling

Question 2

Quick

Answer 2

Not insanity
CoA ruled that because his condition was due to not eating after taking insulin, insanity was allowed. If it’s due to an external cause like a blow to the head, automatism may be allowed instead

Question 3

Hill v Baxter

Answer 3

A person should not be made liable who through no fault of their own becomes unconscious when driving

eg a person who has been struck by a stone or overcome by a sudden illness, or when the car has been put temporarily out of control owing to his being attacked by a swarm of bees

Question 4

R v T

Answer 4

Accepted that exceptional stress or PTSD can be an external factor

Question 5

AG’s Ref (no.2 1992)

Answer 5

There must be a ‘total destruction of voluntary control’

This condition only causes partial loss of control (he was still driving) it did not amount to automatism

Question 6

Bailey

Answer 6

Self induced automatism is concerned with the D knowing their conduct is likely to bring about an automatic state
eg. a diabetic failing to eat after taking insulin

Question 7

Hardie

Answer 7

D can use the defence only where they don’t know their actions are likely to lead to a self induced automatic state in which they commit an offence