Automatism

Question 1

Define

Answer 1

(Bratty v Attorney General Northern Ireland)
“An act which is done by the muscles without any control of the mind” e.g. spasm, reflex or an act done by a person who is not aware of what he is doing.

Question 2

Was the loss of control voluntary?
(1/3)

Answer 2

(AG Ref 2) - if D retains any control over their actions, the defence will fail.

Question 3

Did the loss of control come from an external cause? (2/3)

Answer 3

Internal factor - classed as insane
External factor - complete defence for automatism
(R v Quick) - didn’t take enough insulin - action was a result of the drug

Question 4

Was the automatism self induced?

Answer 4

Can be a successful defence for a specific intent crime.
(R v Majewski) - voluntary intoxication is self induced
(R v Hardie) - voluntarily consumed drugs
(R v Bailey) - failure to eat after insulin
(R v Coley) - consumption of cannabis

Question 5

Insanity and Intoxication

Answer 5

(R v Lipman) - if the defect comes from the “disease” of alcoholism it can be successful