Automatism

Question 1

Introduction?

Answer 1

The Actus Reus committed by the D is involuntary.

Defendant must be incapable of forming the Mens Rea.

It is a full defence and will therefore, lead to acquital.

Question 2

Definition?

Answer 2

Bratty - An act done by the muscles without any control of the mind. Or an act done by a person who is not conscious of their actions.

Question 3

Reduced or partial control of one’s actions is not automatism?

Answer 3

AG’s Reference - Must be a total “destruction of voluntary control” reduced or partial control of one’s actions it not automatism.

Question 4

External Evidence?

Answer 4

Hill v Baxter - No external evidence to support a case of automatism so no defence allowed. Must be something such as a reflex action, convulsion or a spasm.

Question 5

External Factor?

Answer 5

R v Quick - Cause of automatism must be an external factor.

R v T - PTSD and or Stress is an external factor.

Question 6

Self Induced?

Answer 6

Bailey - D cannot know that his conduct will lead to automatism, e.g. a diabetic not eating after taking insulin, or a person who drinks after taking medication.

Question 7

Exception to Self Induced?

Answer 7

Hardie - Court of Appeal allowed the defence of automatism as the D believed the drugs would calm him down not lead to automatism.