Defence - Automatism

Question 1

What does a successful plea of automatism result in?

Answer 1

Full acquittal

Question 2

What is the definition of automatism from Lord Denning in Bratty v AG for N.I. [1963]

Answer 2

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 he is doing such as an act done whilst suffering from concussion

Question 3

What are the requirements of automatism?

Answer 3

(1) total loss of control
(2) condition caused by external factor
(3) D was not significantly responsible for his condition

Question 4

Which case held that an impaired, reduced or partial loss of control was not sufficient?

Answer 4

AG’s Ref (No 2 of 1992)

Question 5

What could you consider under external factors that cause automatism?

Answer 5

• drugs
• alcohol
• violence
• hypnotic influences
• diabetic hypoglycaemia as in Quick where because not eaten

Question 6

With relation to specific-intent crimes, when can D say that automatism is not self-induced?

Answer 6

Where D unable to form MR as a result.

Question 7

With relation to basic-intent crimes, when can D rely on automatism?

Answer 7

Where D is not reckless in bring about state of automatism.

Question 8

If the state of automatism is brought about, partially or solely, by the consumption of illegal drugs or alcohol then what standard of recklessness applies?

Answer 8

Objective standard. Reasonably foreseeable results are not excused as in Quick.

Question 9

For all other (non intoxicated states of automatism) basic-intent crimes what standard of recklessness is used?

Answer 9

Subjective