Automatism Flashcards
What is automatism?
Automatism is a full defence in law where there is an involuntary action, a mental capacity defence.
Who bears the burden of proof for automatism?
The burden of proving automatism is on the defence, who must prove it on the balance of probabilities.
How was automatism defined in Bratty v A-G for Northern Ireland?
Automatism is defined as ‘an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion… not conscious of what he is doing… suffering from concussion.’
What did AG’s Ref No 2 of 1992 clarify about automatism?
D must have lost the ability to control their actions rather than having impaired control.
What is required for non-insane automatism?
Non-insane automatism requires an external cause.
What are some examples of external causes of automatism?
Examples include sneezing, hypnotism, a blow to the head, attack by a swarm of bees, and post-traumatic stress disorder (Rv T).
How does diabetes relate to automatism?
Being diabetic but not eating properly is an external cause and is considered automatism, not insanity, as in Quick.
What is self-induced automatism?
Self-induced automatism occurs when the defendant’s conduct brings on an automatic state.
How does self-induced automatism apply to specific intent offences?
For specific intent offences, such as murder and theft, self-induced automatism can be a defence even if the defendant knows of the risk of bringing on an automatic state.
How does self-induced automatism apply to basic intent offences?
For basic intent offences, self-induced automatism cannot be a defence if the defendant knows of the risk, as this is considered recklessness.
What is the outcome for a defendant who is found to be in a self-induced automatic state and knew the risk?
The defendant cannot use automatism as a defence if they knew the risk, as illustrated in the case of Coley.
What is the conclusion regarding automatism as a defence?
D will be found not guilty due to automatism, which is a full defence.
