Defences - Automatism

Question 1

Basic definition of Automatism

Answer 1

Where a person commits a crime in circumstances where their actions can be called involuntary

Question 2

Key Requirements - External Factors, Application examples, Harsh application

Answer 2

• must be caused by an external factor that the defendant has no control over

Question 3

R v Bailey

Answer 3

The defendant was diabetic who failed to eat enough after his insulin, he became aggressive and hit someone over the head with a metal bar.

Question 4

R v Hardie

Answer 4

outlined automatism cannot be a defence where the defendant has been reckless in becoming in an automatic state or where the automatism has been caused by drink or illegal drug

Question 5

Main issues

Answer 5

• difficulty distinguishing between insane and non-insane automatism

Question 6

Sentencing concerns

Answer 6

• the court has disposal available which includes committal to a mental institution / psychiatric hospital

Question 7

Absurd application

Answer 7

• it would seem that the defence of insanity applies in case of diabetics where the defendant did not take their insulin, but is not available in cases where diabetics have taken their insulin.

Question 8

Social stigma

Answer 8

• there is also a suggestion that the word insanity means someone who is a danger to the public

Question 8

Narrow application

Answer 8

• some people who are deemed to be medically insane don’t always fit the criteria

Question 9

Increase in guilty pleas

Answer 9

• people often plead guilty because life imprisonment is preferable to being committed to mental institution

Question 10

Moral dilemma