LAW P1 CRIM (AUTOMATISM)

Question 1

What is non insane automatism?

Answer 1

The defence of non insane automatism. if successfully pleaded, acts as a complete defence absolving te defendant of all criminal liability.

The defence of non insane automatism exists where a person commits a crime in circumstances where their actions can be said to be involuntary.

Question 2

What are the requirements for the defence of non insane automatism?

Answer 2

1. There must exist an involuntary action arising from external source or reflex action
2. The action must be compeltely involuntary
3. The automatism must not be self induced

Question 3

What are the cases for non insane automatism?

Answer 3

• R v Quick, the defendant can rely on the defence of automatism since the associated episodes are caused by insulin which is an external factor
• Broome v Perkins,the defendant had exercised conscious control over his car
• R v Bailey, the defendant’s automatism was self-induced