Automatism

Question 1

1) Introduction

Answer 1

D may claim the defence of automatism.

Question 2

2) First element

Answer 2

• First, it must be proved that D isn’t in control and so there’s an involuntary act.
• In Bratty, Lord Denning defined automatism as ‘an act which is done by the muscles without any control by the mind’.
• Here, D may not be in control as…

Question 3

3) Second element

Answer 3

• Next, it must be proved that the loss of control was due to an external factor or cause.
• In Quick, the external factor was the taking of insulin by a diabetic D.
• Here, the external factor is…

•(External factor cannot be taking if alcohol/illegal drugs, i.e. self-induced automatism (Lipman).)

Question 4

4) Third element

Answer 4

• Lastly, it must be proved that there was a total loss of voluntary control, not just partial (Broome).
• Here there may be a total loss of voluntary control as…

Question 5

5) Conclusion

Answer 5

If all the elements are satisfied, it can lead to D being acquitted.