Automatism

Question 1

What is the first stage of automatism? (intro)

Answer 1

Here D (name) may be able to use the defence of automatism outlined in Bratty v AG for NI. This is an act done by the muscles without any control by the mind…or an act done by a person who is not conscious of what he is doing

Question 2

What is the second stage of automatism? (external)

Answer 2

The defendant’s automatism must result from an external factor. Here, D’s automatic state was the result of [state the external factor -if this is stress, use R v T to support]

The external factor has to cause a total destruction of voluntary control, a condition that only causes partial loss of control does not amount to automatism (AG Ref no.2 1993). Here, D suffered a total/partial loss of control and so automatism is/ is not available.

Question 3

What is the third stage of automatism that should be applied only if relevant? (self-induced)

Answer 3

If: Specific intent offence: ( those which have intention as their mens rea)

It the automatism is self-induced, the defendant will be able to use the defence for a specific intent offence. Here, although the automatism was self-induced when [describe how D brought on their automatic state], D has been charged with [state offence] which is a specific intent offence, automatism is available.

If: Basic intent offence: (crimes of basic intent are those for which the mens rea element can be satisfied by recklessness)

It the automatism is self-induced because of D’s recklessness, he or she will have no defence.
If D was not reckless: Here, the automatism was self-induced when [describe how D brought on their automatic state]. D was not reckless as they did not know about the risk of dangerous behaviour resulting from an automatic state. As result, automatism is available as a defence (Hardie).

OR

If D was reckless: D has been charged with [state offence] which is a basic intent offence. D was/ was not reckless as they knew about the risk of dangerous behaviour resulting from an automatic state. As a result, automatism is NOT available as a defence,

Question 4

Conclude