Automatism Flashcards
What is the difference between insanity and automatism?
Automatism is non-insane and caused by an external factor/insanity is insane and internal factors
Is automatism voluntary or involuntary?
Involuntary
Bratty v A-G of Northern Ireland
Lord Denning - without any control by the mind - reflex action - severe blows to head - dissociative state
R v T
Raped three days earlier, PTSD lead to dissociative state
Broome v Perkins
hypoglycaemic state - able to exercise some voluntary control over movements - automatism not available
Attorney Generals Ref (No.2 of 1992
In trance-like state when driving does not amount to automatism - still aware
When can you not plea self induced automatism?
If caused by alcohol or drugs
R v Bailey
Self induced automatism can’t be reckless - diabetic should have eaten when sugar low
R v Coley, McGhee and Harris
Automatism not available if induced involuntary behaviour
defence available if reaction to sedative unexpected
R v Hardie
Automatism due to valium could rely on defence - did not understand the effects of the drugs