Automatism

Question 1

Define automatism

Answer 1

According to Bratty v Attorney - General for Northern Ireland (1963), it’s ‘when an external factor causes the defendant to have total loss of control over their bodily functions, e.g through suffering a seizure therefore lacking men’s rea.

Question 2

Outline the two requirements to have a successful defence of automatism

Answer 2

1. Total loss of control over bodily functions.
2. Caused by an external factor.

Question 3

Explain the requirement of total loss of control

Answer 3

The defendant’s conduct must result from a total loss of control, not partial or reduced, e.g daydreaming.
Broome v Perkins [1987] - defence failed as the defendant demonstrated conscious control by steering away the car to avoid a collusion.

Question 4

Explain the requirement of caused by an external factor

Answer 4

Tensions of everyday life are
not sufficient as an external factor, e.g Rabey [1980] - being dumped by romantic partner is not sufficient.
Sufficient terms may include spasms, reflexes
Self-induced automatism normally is not acceptable, e.g R v Lipman [1970] in which the defendant became intoxicated voluntary leading to his charge of manslaughter.

Question 5

How does the procedure for passing a defence of automatism work.

Answer 5

To raise the defence, the defendant must present some evidence.
The burden of proof is on the prosecution to prove beyond reasonable doubt.
If the prosecution fails to do so (i.e. defence is successful), the defendant will be acquitted.