Automatism

Question 1

What are the key stages to establish automatism?

Answer 1

1. Involuntary act – Total loss of control (Broome v Perkins).
2. External factor – Must be caused by an external factor (R v Quick).
3. Self-induced automatism – May limit the defence depending on the offence.( r v Bailey )
4. Effect on Liability -If fully proven, D is acquitted

If self-induced and reckless, D may still be guilty for basic intent offences.

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Question 2

What is the definition of automatism? And where was it defined

Answer 2

Defined in Bratty v AG for NI (1961) as:
“an act done by the muscles without any control by the mind, such as a spasm, a reflex action, or a convulsion; or an act done by a person who is not conscious of what he is doing.”

Question 3

What is the first requirement to establish automatism?

Answer 3

The act must be involuntary,
meaning the defendant has a total lack of voluntary control over their actions.

Question 4

Which case shows that some control means the defence is unavailable?

Answer 4

. Broome v Perkins – D was unable to use the defence as he had some control while swerving his car and automatism requires for destruction of control

Question 5

What is the second requirement for automatism?

Answer 5

External cause
The automatic state must be caused by an external factor (unlike insanity, which is caused by an internal factor).

Question 6

Give examples of external factors with cases. ( Hirt: there are 4 main ones we look at )

Answer 6

Sneezing – R v Whooley

PTSD from external trauma – R v T

Excess insulin (hypoglycaemia) – R v Quick

Being attacked by bees- hill v Baxter

Question 7

external factors (R v Whooley)

Answer 7

Sneezing

Question 8

external factors (R v t)

Answer 8

PTSD from external trauma from a rape

Question 9

external factors (R v Quick/Bingham )

Answer 9

Excess insulin (hypoglycaemia)

Question 10

When is automatism self-induced include case ?

Answer 10

When the defendant knows their actions could lead to an automatic state but does not take precautions.like in r v Bailey

Question 11

How does self-induced automatism affect different offences?(hint:basic and specific)

Answer 11

Specific intent offences (e.g. murder) – D can get a partial defence if they lacked intent but knew the risk of their actions leading them into an automative state

Specific intent offences (e.g. murder) – D can get a full defence if they lacked intent but and didn’t the know the risk of their actions leading them into an automative state

Basic intent offences (e.g. assault) – The defence is not available if D was reckless in inducing the state.

Question 12

What must D prove to rely on automatism?

Answer 12

That they lacked the mens rea due to an external factor causing a total loss of control.