Automatism

Question 1

Whats the issues with the defence of leading to irrational and unfair results?

Answer 1

• Courts have tried to restrict availability of automatism as it results in a complete acquittal so by making the defence hard to rely on they hope only genuine cases succeed.

Question 2

What are the issues with the internal and external factors?

Answer 2

• Distinctions made between internal and external factors has been criticised. Such as in the cases of Hennessy and Quick as both were caused by insulin, but one was classed as insane and the other got full acquittal.
• Main justification that internal factors are more likely to reoccur therefore it should receive a sentence reflective of this. But when both caused by the same disease this seem illogical.

Question 3

What are the issues surrounding a total loss of voluntary control?

Answer 3

• This element further limits the success of this defence and if there is any evidence that D could control their actions, the defence will fail.
  Broome V Perkins.

Question 4

Suggested reform of automatism:

Answer 4

• Suggested that automatism should be extended to include all cases that can be controlled by drugs or eating and drinking e.g. epilepsy and diabetes. This would reduce number of illogical decisions made.
• Some have also suggested that the internal/external factors should be abolished. In order for this to work however law on insanity would need to be updated.