Automatism

Question 1

Elements of the defence

Answer 1

D must show that his act was :
Involuntary and
Caused by an external factor
Automatism was not self induced

Question 2

1. An involuntary act

Answer 2

D’s mind is not controlling his limbs
Bratty - an act which is done by the muscles without any control by the mind
Attorney - needs to be a total lack of awareness

Question 3

2. Due to an external factor

Answer 3

Hill v Baxter - court gave example of swarm of bees causing driver to crash
R v t - exceptional stress can be an external factor
Hennessy - failure of a diabetic to take insulin means it was the diabetes which caused his defect of reason , internal , insanity
Quick - failure of a diabetic to eat after taking insulin meant that the insulin caused his involuntary act , external , automatism

Question 4

3. Automatism was not self induced

Answer 4

Bailey - self induced automatism would not be acceptable

Question 5

Consequence of defence

Answer 5

Full acquittal