Automatism

Question 1

Where is the basic definition of automatism found?

Answer 1

Lord Denning’s judgement in Bratty v Attorney General for Northern Ireland (1963)

Question 2

What does the definition of automatism establish to begin with?

Answer 2

That no act is punishable if it is involuntary

Question 3

What does automatism mean?

Answer 3

An act done by the muscles by reflex, spasm or convulsion
Or an act done by someone unconscious of what theyre doing
An act committed whilst suffering from concussion (or an external factor)

Question 4

Who can raise the defence of automatism?

Answer 4

The defence

Question 5

What is the role of the prosecution when the defence of automatism has been raised?

Answer 5

To try disprove the legitimacy of the defendant’s claim of automatism

Question 6

What part of Lord Denning’s judgement is now incorrect?

Answer 6

Sleepwalking (due to the case of Burgess 1991, internal factor)

Question 7

What types of strain must the defendant be suffering from to successfully establish automation? Which type are not included and what is a common law example?

Answer 7

Extraordinary stresses and strains such as in T (1990) and Falconer (1990)
Normal stresses and strains of everyday life- the case of Burgess (1991) and Rabey

Question 8

What case and quote tell us that the defence of automatism is very rare?

Answer 8

Lawton CJ in Quick - quagmires of law seldom entered into nowadays save for those in desperate need of a defence

Question 9

Why is the defence of automatism very narrow?

Answer 9

Any kind of automatism that conforms to the M’Naghten rules is insanity leaving very few available situations to find automatism

Question 10

Why can automatism be available for strict liability offences?

Answer 10

Because the defendant is in denial of the actus reus claiming it was performed involuntarily

Question 11

Why does the defence of automatism lead to a complete acquittal?

Answer 11

Because no act is punishable if it is done involuntarily

Question 12

Why does the defence of automatism seem very attractive?

Answer 12

It leads to a complete acquittal

Question 13

What case illustrates the point that automatism is available for strict liability offences?

Answer 13

Hill v Baxter 1958

Question 14

What hypothetical situation did the judge use to explain the defence of automatism in the case of Hill v Baxter (1958)?

Answer 14

If a swarm of bees flew into your car and you subsequently drove dangerously/crashed then your acts were involuntary

Question 15

How can you simply summarise the defence of automatism?

Answer 15

Committing an offence whilst in a state of unconsciousness, impaired consciousness (such as concussion) so that the accused acts are involuntary

Question 16

How have the courts restricted the availability of the defence of automatism?

Answer 16

With two tests: complete loss of voluntary control (partial is not enough AG’s reference of 1992(1993)) and the loss of control must be caused by an external factor (Quick 1973)

Question 17

What happened in the case of Bratty (1963)?

Answer 17

D strangled his girlfriend with her stockings whilst in an epileptic fit

Question 18

What was the decision in Bratty (1963)?

Answer 18

Automatism is not: a lack of intention, foresight or recollection, or that D cannot control his urges such as the case of Byrne (1960)
Psychomotor epilepsy is insanity (Sullivan/Bratty)

Question 19

What can automatism not be caused by?

Answer 19

Self administered drink or drugs

Question 20

What happened in R v Isitt(1978)?

Answer 20

D was in a crash but drove off away from police across fields, he claimed he did not know what he was doing due to shock

Question 21

What was the decision in Isitt (1978)?

Answer 21

Appeal dismissed by the CA: may have benn functioning abnormally but retained control of his car therefore automatism is not available

Question 22

What comments could be made about the decision in Isitt(1978)?

Answer 22

The decision was good as we need to protect the public and deter behaviour like that of Isitt
If Isitt was successful it us likely that the defence would be open to fabrication and improper use

Question 23

What requirement did Lord Denning advocate in Bratty?

Answer 23

That the accused act must be voluntary is essential in every criminal case

Question 24

Where did the phrase of automatism come from and what does it mean there?

Answer 24

The medical world: it has a very limited meaning describing a state of unconsciousness suffered by certain epileptics

Question 25

What criticism can we make of the law’s use of the medical term of automatism?

Answer 25

It doesnt even protect epileptics who it’s original definition actually concerns

Question 26

How did Devlin J explain the necessity for medical evidence in Hill v Baxter (1958)?

Answer 26

It would be unreasonable if the Crown had to prove that the defendant was not sleepwalking, blacked out or in a trance like state

Question 27

Why is only he defendants word not enough?

Answer 27

There is the possibility to deceive the jury, Denning in Bratty (1963) to simply claim ‘i had a black out or i cant remember’ is the first refuge of a guilty conscience and a very popular excuse

Question 28

What did Moses LJ say in the case of C (2007)?

Answer 28

It is a crucial principle that the defendant must provide evidence to support their claim of automatism!

Question 29

What common examples of states of automatism have the courts given over the years?

Answer 29

Severe head injuries
Administration of anaesthetic
Hypnotism
Being attacked by a swarm of bees (Hill v Baxter 1958)

Question 30

What criticism can be made of the external factor theory regarding the administration of anaesthetic and insulin?

Answer 30

Although the substances originate externally do they not manifest and function internally?