Automatism Flashcards
What is the definition of automatism?
Lord Denning: Any any done by muscles without any control by the mind, such as a spasm, a reflex action or a convulsion, OR an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking.
What is the difference between automatism and insanity?
The effect of automatism is that the defendant has no control over his physical actions. The defendant may be rendered an automatism by an internal factor, in which case this is an insanity defence. Any external factors, the automatism may apply under the Bratty rules.
What are the four main elements of a defence of automatism?
- The loss of control must be total
- The cause of the automatism must be external
- Self induced automatism is a defence to specific but not basic intent crimes
- If the defendant does not know his actions are likely to lead to an automatic state, he has not been reckless and can use automatism.
Lack of awareness: Broome v Perkins
D was able to exercise some voluntary control over his movements, he has not been acting in an entirely involuntary manner, defence of automatism was unavailable
Lack of awareness: AG Ref No.2 (1992)
Court decided that he was still partly in control. so automatism didn’t apply.
Causes must be external: Hill and Baxter
A person should not be made liable at the criminal law, who through no fault of their own, becomes unconscious when driving
Cause must be external: R v T
Exceptional stress can be an external factor which may cause automatism
Self induced automatism: Bailey (1983)
Where the offence is a specific intent offence, D can plead automatism if he lacks the required mens rea.
Self induced automatism: Majewski
If it is caused through drink/illegal drugs/ intoxicating substances D will be unable to plead
Self- induced automatism: Hardie
Where D doesn’t know his actions are likely to lead to a self-induced automatic state he has not been reckless
Self- induced automatism: R v Coley
Where D commits the actus reus of a basic intent crime with prior fault, the defence is unavailable.
