Automatism (non insane automatism)

Question 1

automatism

Answer 1

automatism is where a persons consciousness is so impaired that they are acting in a state of physical involuntariness. automatism was defined by lord denning as “an act which is done by the muscles without any control by the mind such as a spasm a reflex action or a convulsion or an act done by a person who is not conscious of what they are doing such as an act done whilst sleepwalking or whilst suffering from a concussion”

Question 2

there must be an external factor

Answer 2

this is essential in proving automatism, examples include slipping on ice, hiccups or a coughing fit

Question 3

there must be a total loss of control

Answer 3

any partial, impaired or reduced loss of control will invalidate the defence

Question 4

self induced automatism

Answer 4

automatism will not be successful as a defence if the d knows that their conduct will bring about an automatic state.

Question 5

hill v baxter

Answer 5

the burden of proof for automatism is on the defence

Question 6

r v t

Answer 6

external stress can give rise to automatism if severe enough

Question 7

A-G ref no 2 1992

Answer 7

must be a total loss of control, as there was some control the defence was rejected