Automatism

Question 1

Definition

Answer 1

“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…” (Bratty v Ag for NI)

Question 2

Without any control by the mind

Answer 2

D must act completely without consciousness or control
There must be e total destruction of voluntary control (AG’s Ref 2 of 1933)

Question 3

There must an external cause

Answer 3

The cause of automatism must be external to the D
- swarm of bees - external cause (hill v Baxter)
- The effects of PTSD (having been raped) (R v T)
- sneezing (whooley)
- condition of driving ‘without awareness’ - driving for long periods of time puts driver in ‘trance like state’ (zags Ref No.2)
- effects of a drug, hypnosis, or a blow to the head (Bailey): insulin

Question 4

Automatism must not be self induced

Answer 4

Automatism will fail where D knows his conduct is likely to bring on an automatic state (Bailey)
- where basic intent crimes are concerned, automatism may fail if D realises the risk (hardie)
- state of automatism comes about from D’s own involuntary intoxication; intoxication rules apply and defence likely to fail (coley)