DEFENCES Automatism

Question 1

Elements of the defence

Answer 1

D must show that D’s act was ;

1. Involuntary
2. Caused by external factor
3. Automatism was not self induced

Question 2

Cases and law for involuntary act

Answer 2

D’s mind was not controlling his limbs

Bratty - an act which is done by the muscles without any control by the mind

Attorney generals reference (no.2 of 1992) - needs to be total lack of awareness

Question 3

Cases and law for external factors

Answer 3

Hill v Baxter - court gave example of swarm of bees causing a driver to crash

R v T - exceptional stress can be an external factor

Diabetes ;
Hennessy - failure of a diabetic to take insulin means it was the diabetes which caused his defect of reason - so internal therefore insanity

Quick - failure of a diabetic to eat after taking insulin meant that the insulin caused his involuntary act - so external therefore automatism

Question 4

Case and law for not self induced

Answer 4

Bailey - self induced automatism would not be acceptable