Automatism Flashcards
What are the key stages to establish automatism?
- Involuntary act – Total loss of control (Broome v Perkins).
- External factor – Must be caused by an external factor (R v Quick).
- Self-induced automatism – May limit the defence depending on the offence.
- 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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What is automatism?
Automatism is a common law defence that can provide a complete defence when caused by an external factor
What is the definition of automatism? And where was it defined
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.”
What is the first requirement to establish automatism?
The act must be involuntary, meaning the defendant has a total lack of voluntary control over their actions.
Which case shows that some control means the defence is unavailable?
. Broome v Perkins – D was unable to use the defence as he had some control while swerving his car.
What is the second requirement for automatism?
The automatic state must be caused by an external factor (unlike insanity, which is caused by an internal factor).
Give examples of external factors with cases. ( Hirt: there are 4 main ones we look at )
Sneezing – R v Whooley
PTSD from external trauma – R v T
Excess insulin (hypoglycaemia) – R v Quick / Bingham
Being attacked by bees
external factors (R v Whooley)
Sneezing
external factors (R v t)
PTSD from external trauma
external factors (R v Quick/Bingham )
Excess insulin (hypoglycaemia)
When is automatism self-induced?
When the defendant knows their actions could lead to an automatic state but does not take precautions.
How does self-induced automatism affect different offences?(hint:basic and specific)
Specific intent offences (e.g. murder) – D can still use the defence if they lacked intent.
Basic intent offences (e.g. assault) – The defence is not available if D was reckless in inducing the state.
What must D prove to rely on automatism?
That they lacked the mens rea due to an external factor causing a total loss of control.
When is automatism a complete defence?
If all elements are satisfied, D is acquitted. However, if it was self-induced, the availability depends on the offence type.