Automatism

Question 1

Define automatism

Answer 1

Defined by Lord Denning in Bratty v A.G for Northern Ireland as: ‘An act which is 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 someone who isn’t conscious of what they are doing such as an act done whilst suffering from concussion or sleepwalking’ - R v Oye

Question 2

Mens rea in automtism

Answer 2

Automatism is the situation where the D is unable to control there movements as the muscles reacted with no control of the mind so therefore there is no mens rea

Question 3

Rules on automatism

Answer 3

The evidential burden of proof is on the defence to prove automatism where if successful it results in complete acquittal - Hill v Baxter, R v C
The legal burden of proof is on the prosecution
There must be an external factor which is essential in proving automatism, examples include being struck on the head, slipping on ice, hiccups, sneezing, or temporary loss of control due to radical event
There must be a total loss of control as any impaired, reduced or partial control will invalidate the defence

Question 4

Self induced automatism

Answer 4

Automatism wont be succesful as a defence if the D knows their actions will bring about an automatic state for example intoxication. In these situations D will have a defence to specific intent crimes, however they will not have a defence to basic intent crimes if its their fault - R v Coley, McGhee and Harris
However there is an exception where the D does not realise their self induced actions will cause the automatist state and they were not reckless - R v Hardy

Question 5

Bratty v A-G for Northern Ireland

Answer 5

Lord Denning created legal test for automatism

Question 6

Hill v Baxter

Answer 6

Burden of proof is on defence for automatism defence

Question 7

R v Hardy

Answer 7

Voluntary consumption of prescription drugs does not automatically preclude the defence of automatism

Question 8

R v Oye

Answer 8

The court ruled that automatism could apply when the defendant is acting in a state of unconsciousness due to a medical condition

Question 9

A-G Ref No.2 1993

Answer 9

As there was some control the court dismissed automatism

Question 10

R v Coley, McGhee and Harris

Answer 10

Defence rejected. Even if he was in involuntary state this was because of his voluntarty fault