automatism - defences Flashcards
what is automatism?
an act which is done by the muscles without any control of the mind, such as a spasm, a reflex action or a convulsion.
what is sane automatism?
when a defendant successfully pleads sane automatism for an involuntary or unconscious action, they will be acquitted.
what is insane automatism?
when a defendant pleads insane automatism for an involuntary or unconscious action, the verdict of not guilty by reason of insanity will apply.
what two things need to be proved for the defence of sane automatism to succeed?
there has to be total loss of voluntary control and this had to be caused by an external factor.
what does it mean by a loss of voluntary control?
even though the defendant committed the actus reus, their actions were involuntary and as a result they could not have had the required mens rea.
what did Attorneys General Reference (No2 of 1992) (1993) suggest about total loss of voluntary control?
if the defendant retained partial or impaired control over their actions, the defence will fail.
caused by an external factor?
a malfunctioning of the mind of transitory effect caused by the application to the body of some external factor, such as violence, drugs, including anaesthetics, alcohol and hypnotic influences cannot fairly be said due to disease.
R v Quick (1973)
doctor stated he had automatism as he had eaten too little harming a patient. the loss of control must be caused by an external factor.
what is self-induced automatism?
when the defendant does something or fails to do something that they know will lead to an automatic state.
