Automatism Defences

Question 1

DEFINE AUTOMATISM

Answer 1

A state of total blackout, during which a person is not conscious of their actions and not in control of them.

Question 2

Case Law: R v Cottle

Answer 2

Doing something without knowledge of it and without memory afterwards of having done it - a temporary eclipse of consciousness that nevertheless leaves the person so affected able to exercise bodily movements.

Question 3

Examples of acts of automatism

Answer 3

• sleepwalking
• suffering from concussion
• brain tumour
• epilepsy
• consumption of alcohol or drugs

Question 4

AUTOMATISM CAUSED BY ALCOHOL AND DRUGS

Answer 4

Where automatism is brought about by a voluntary intake of alcohol or drugs the Court may be reluctant to accept that the actions were involuntary or that the offender lacked intention.

Question 5

WHAT ARE TWO TYPES OF AUTOMATISM?

Answer 5

Sane automatism - the result of somnambulism (sleep walking), a blow to the head or the effects of drugs.

Insane automatism - the result of a mental disease.

Question 6

WHAT IS A STRICT LIABILITY?

Answer 6

Any offence that does not require an intent and the only way a defendant can escape liability for such an offence is to prove total absence of fault. Eg. EBA