Automatism

Question 1

What does automatism mean?

Answer 1

• Acting whilst unconscious or in a state of impaired consciousness

Question 2

Broome v Perkins 1987

Answer 2

• Show that D must lose complete control of his actions to use the defence
• ‘Total destruction of voluntary control’

Question 3

Peter Atilla

Answer 3

• Cleared of rape as he was suffering from parasomnia

- Just come back from tour with army

Question 4

Roach 2001

Answer 4

• D stabbed co-worker in the hand but suffered from anti-social personality disorder
• He had also had a drink
• Was found that internal causes can interact with external causes to create an automatism defence

Question 5

Tolson 1889

Answer 5

• Took the traditional view that sleep walking even with no external cause amounted to automatism

Question 6

Burgess 1991

Answer 6

• Overruled Tolson
• D wounded partner whilst sleepwalking
• COA ruled the sleepwalking was actually insanity as it was an internal cause

Question 7

Will sleepwalking always be an internal cause giving way for insanity to be used?

Answer 7

• No, if an external cause had induced the sleepwalking then automatism could still be used.

Question 8

Who described the two basic types of automatism and what were they?

Answer 8

• Lord Denning in Bratty v A-G for Northern Ireland 1961
  1- An act done by the muscles without any control of the mind (Spasm, reflex, convulsion)
  2- An act done by a person who is not conscious of what he is doing such as an act done whist suffering concussion

Question 9

Bailey 1983

Answer 9

• Diabetic failed to eat after taking insulin and when into a hypoglycemic coma where he hit V with an iron bar
• Specific intent crime however in this case conviction was upheld and he was convicted

Question 10

What happens in regards to self-induced automatism with basic intent crimes?

Answer 10

• If the state is caused through drink or illegal drugs the defence would not be available and intoxication should be referred to
• If the D does not know and has not been reckless that his actions are likely to lead to this state and commit a crime he may use the defence

Question 11

Hardie 1984

Answer 11

• If the D does not know and has not been reckless that his actions are likely to lead to this state and commit a crime he may use the defence