Automatism Flashcards
Where is the basic definition of automatism found?
Lord Denning’s judgement in Bratty v Attorney General for Northern Ireland (1963)
What does the definition of automatism establish to begin with?
That no act is punishable if it is involuntary
What does automatism mean?
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)
Who can raise the defence of automatism?
The defence
What is the role of the prosecution when the defence of automatism has been raised?
To try disprove the legitimacy of the defendant’s claim of automatism
What part of Lord Denning’s judgement is now incorrect?
Sleepwalking (due to the case of Burgess 1991, internal factor)
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?
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
What case and quote tell us that the defence of automatism is very rare?
Lawton CJ in Quick - quagmires of law seldom entered into nowadays save for those in desperate need of a defence
Why is the defence of automatism very narrow?
Any kind of automatism that conforms to the M’Naghten rules is insanity leaving very few available situations to find automatism
Why can automatism be available for strict liability offences?
Because the defendant is in denial of the actus reus claiming it was performed involuntarily
Why does the defence of automatism lead to a complete acquittal?
Because no act is punishable if it is done involuntarily
Why does the defence of automatism seem very attractive?
It leads to a complete acquittal
What case illustrates the point that automatism is available for strict liability offences?
Hill v Baxter 1958
What hypothetical situation did the judge use to explain the defence of automatism in the case of Hill v Baxter (1958)?
If a swarm of bees flew into your car and you subsequently drove dangerously/crashed then your acts were involuntary
How can you simply summarise the defence of automatism?
Committing an offence whilst in a state of unconsciousness, impaired consciousness (such as concussion) so that the accused acts are involuntary
How have the courts restricted the availability of the defence of automatism?
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)
What happened in the case of Bratty (1963)?
D strangled his girlfriend with her stockings whilst in an epileptic fit
What was the decision in Bratty (1963)?
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)
What can automatism not be caused by?
Self administered drink or drugs
What happened in R v Isitt(1978)?
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
What was the decision in Isitt (1978)?
Appeal dismissed by the CA: may have benn functioning abnormally but retained control of his car therefore automatism is not available
What comments could be made about the decision in Isitt(1978)?
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
What requirement did Lord Denning advocate in Bratty?
That the accused act must be voluntary is essential in every criminal case
Where did the phrase of automatism come from and what does it mean there?
The medical world: it has a very limited meaning describing a state of unconsciousness suffered by certain epileptics
What criticism can we make of the law’s use of the medical term of automatism?
It doesnt even protect epileptics who it’s original definition actually concerns
How did Devlin J explain the necessity for medical evidence in Hill v Baxter (1958)?
It would be unreasonable if the Crown had to prove that the defendant was not sleepwalking, blacked out or in a trance like state
Why is only he defendants word not enough?
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
What did Moses LJ say in the case of C (2007)?
It is a crucial principle that the defendant must provide evidence to support their claim of automatism!
What common examples of states of automatism have the courts given over the years?
Severe head injuries
Administration of anaesthetic
Hypnotism
Being attacked by a swarm of bees (Hill v Baxter 1958)
What criticism can be made of the external factor theory regarding the administration of anaesthetic and insulin?
Although the substances originate externally do they not manifest and function internally?
