AUTOMATISM

Question 1

what is the definition of automatism?

Answer 1

Lord Denning in BRATTY - “An act done by the muscles without any control of the mind”
• It is caused by externally affected conditions.

Question 2

what are some examples of automatism?

Answer 2

Examples of automatism:
• Reacting to a swarm of bees/spasm/reflex/sneezing ~ HILL v BAXTER
• Diabetes (hypoglycaemia - low blood sugar from a lack of eating) ~ QUICK
• Concussion - from a blow to the head
• Hypnotism
• Effects of medication such as anaesthetic

Question 3

what is stage 1 of automatism?

Answer 3

Stage 1: D must have lost FULL CONTROL of their actions. This means the D did the actus reus of the crime INVOLUNTARILY ~ BROOME v PERKINS.

Question 4

what is the side rule for stage 1 of automatism?

Answer 4

SIDE RULE: Self-induced automatism - If the D was aware that their actions or omission would result
in an automatic state ~ BAILEY

Question 5

The defence works differently depending on the TYPE OF OFFENCE the D has committed:

Answer 5

• The defence CAN be used for SPECIFIC intent crimes (as the D cannot form the intention as they are not in control).
• The defence CANNOT be used for BASIC intent crimes as the fact the D has got into a self-induced automatic state is evidence of recklessness and the crime will be complete.

Question 6

what is stage 2 of automatism?

Answer 6

Stage 2: The D must have NO MENS REA for the crime.