Automatism Flashcards
Defined in?
Bratty v AG for Northern Ireland as an act done by the muscles without any control by the mind such as a spasm, a reflex action etc. Or an act done by a person who is not conscious of what he is doing
Non insane automatism/ insane automatism
Automatism is known as non insane automatism, D is claiming he was not conscious of what he was doing. Automatism is an involuntary movement of the body or limbs
Automatism requires d to show that his act was:
Involuntary and due to an external factor
Automatism arises where…
D’s conduct is completely involuntary. D could be concussed and commit an offence. Other examples include reflex actions, E. G being startled by a sudden loud noise.
Automatism must have been caused by an external factor e.g. a blow on the head, rather than internal factors such as a disease
Automatism must not be self induced
E.g. voluntary intoxication
Will also be self induced if d drives knowing he has a heart condition that might bring on an attack under stress.
Burden of proof
Must be evidence of automatism - in hill v Baxter, there was none d just didn’t know what had happened.
If there is evidence, the prosecution must prove beyond reasonable doubt, that D’s acts were voluntary in the sense that they were committed when he was conscious and aware
A-G’s reference
A lorry driver killed two drivers in an accident, he was suffering from a condition called “driving without awareness”, this meant he was unable to avoid the accident but that he was capable of being aware of something. The fact that his awareness was not total, meant that his defence of automatism did not apply
Therefore if someone’s behaviour is partially automatic, there is no defence
Effect
Whether or not there is evidence of automatism is a matter of law for the judge to decide. If there is sufficient evidence then the defence will be put to the jury.
Where the defence is accepted by a jury, then there is a complete acquittal
