Automatism Flashcards
Definition
An act done by the muscles without any control by the mind or by the person not being conscious of what they are doing.
How does Bratty define Automatism?
An act which is done by muscles without control of the mind or someone not conscious of what he’s doing.
Who is the burden on?
The prosecution
What does the prosecution have to prove?
Beyond reasonable doubt that the crime was not a voluntary act.
Elements
Total loss of voluntary control
External cause
Examples of total loss of voluntary control
Spasms
Involuntary reflex
Convulsion
Baxter
charged with dangerous driving but little evidence for defence of automatism
Attorney General Reference No 2
Driving without awareness is not capable of a defence
Quick
Held by court that the insulin was an external factor so defence was accepted.
Hennessey
Automatism not available as this was an internal factor had to use insanity.
T
Post traumatic stress from rape was considered an external cause.
Self induced Automatism definition
Defendant’s conduct puts them in an automatic state.
Examples of self induced automatism
Diabetics fail to eat after insulin.
Person drinks alcohol after medication.
What rules apply to self induced automatism ?
Intoxication rules
Bailey
Automatism by voluntarily consuming drink or drugs means defence not available but the defence could succeed if D got into state recklessly.
