Automatism

Question 1

Define automatism

Answer 1

Where the defendants conscious mind is dissociated from that part of the mind which controls action’

Question 2

What is the first element required?

Answer 2

First, D must act without control by the mind - it requires a total destruction of voluntary control (AG reference 2) - impaired, reduced or partial control is not enough.

Question 3

What is the second element

Answer 3

There must be an external cause eg. Hypoglycaemia (Quick), swarm of bees (Hill v Baxter) etc.

Question 4

Third element of automatism

Answer 4

It must not be self induced. Self induced automatism can provide a defence, only provided D didn’t realise the risk associated with his conduct (D was not reckless). If D was not reckless, self induced automatism will provide a full defence, but if reckless, self induced automatism will provide a partial defence for crimes of specific intent.

Question 5

Automatism Summary Steps

Answer 5

1 - D acts without control by the mind
2 - There is an external cause
3 - It is not self induced