Automatism Flashcards
What are the two legal meanings of automatism?
confirmed in Bratty “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 a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleepwalking”
Insane automatism = internal
Sane automatism = external
What is sane automatism ?
= full acquittal
Committed because of an involuntary act caused by an external factor
What was confirmed in the case of Woolmington?
“The requirement that it should be a voluntary act is essential…. in every criminal case”
What was confirmed in Bratty?
“No act is punishable if it is done involuntarily”
What was stated in Coley?
sane automatism is “complete destruction of voluntary control”
What type of defence is sane automatism?
complete defence
What is the procedure?
D bears the evidential burden
The prosecution then must disprove the evidence beyond reasonable doubt
either by showing D retained some control of their actions or it was caused by an internal factor
What happened in the case of Woolley?
D was driving a lorry and suffered a sneezing fit, losing control of his lorry and knocked into other cars in front. CA upheld automatism defence
How much loss of control must D suffer?
total loss of control
