Automatism/Non-insane Automatism Flashcards
Definition of automatism?
An act done by the muscles without any control by the mind, such as spasm, reflex action or convulsion; or an act done by a person who is not conscious of what they are doing, such as sleepwalking
Why is it a defence?
Because there isn’t a mens rea if the person is not controlling their actions
Who has the evidential burden of proof?
The defence
What happens if an automatism defence is successful?
Complete acquittal
Who has the legal burden of proof
The prosecution
What factor must there also be?
An external factor
What is an example of an external factor?
Hit on the head by object, slipping on ice, being overcome by illness, hiccups or coughing etc
Does a partial loss of control count?
No, must be total loss of control
When will automatism not be successful?
If a defendant knows their conduct will bring about an automatic state - Coley, McGhee and Harris
What can self-induced automatism be a defence for when the D knows it will bring about an automatic state?
Specific intent crimes, but not basic intent crimes
What is the exception to self-induced automatism not being a defence?
Where the D does not realise that their self-induced actions would cause automatism and they were not reckless - R v Hardie
R v Hardie
Took Valium and set fire to wardrobe - Defence still stood as it was not obvious that it would cause automatism and he was not reckless
Coley, McGhee and Harris
Drunk himself into an automatic state - No defence as it was self induced
What is the Law Commissions reform paper?
Criminal Liability: Insanity and Automatism
What did the Law Commission propose for reform?
Replace with two new defences, one for automatism arising from recognised medical conditions, and one from non-medical conditions.
