Capacity Defences: Automatism

Question 1

What are the two types of automatism

Answer 1

Insane and non insane automatism
- the distinction comes from if the cause of D’s behaviour was internal (insanity) or external (automatism)

Question 2

What is the definition for non insane automatism

Answer 2

• an involuntary muscle act (e.g. spasm, reflex, convulsion) or an unconscious act (e.g. due to concussion/sleepwalking)

Question 3

What case law sets of the definition for non insane automatism

Answer 3

Lord Denning in Bratty V A - G

Question 4

What is automatism

Answer 4

• a general defence that can be used for all crimes
• a complete defence for specific intent crimes
• not necessarily applicable if D voluntarily enters a state of automatism - may be charged with a lesser basic intent crime

Question 5

What 3 things are essential for a defence of automatism

Answer 5

• loss of control must be caused by an external factor
• needs to be an uncontrolled action
• needs to be a total loss of control

Question 6

Outline ‘loss of control must be caused by an external factor’ as an element to the defence of automatism

Answer 6

• e.g. being struck on the head, a coughing fit
• even being attacked by bee’s - Kay v Butterworth

Question 7

Outline ‘needs to be an uncontrolled action’ as an element to the defence of automatism

Answer 7

• D can be aware of what he is doing but there is no voluntary act

Question 8

Outline ‘needs to be a total loss of control ’ as an element to the defence of automatism

Answer 8

Any impaired, reduced or partial control will invalidate the defence