Non-Insane Automatism

Question 1

Automatism is caused by external factors eg concussion

Answer 1

Whoolley

Question 2

External factor could be a traumatic event including severe shock eg PTSD

Answer 2

R v T

Question 3

Even though D’s mind was not functioning, his driving was still purposive. Still had some control

Answer 3

Isitt 1978

Question 4

D was charged with driving without due care and attention. Argument of automatism rejected because he still had some control

Answer 4

Brooke v Perkins

Question 5

A driver who is tired and causes a crash would be liable because the automatism (falling asleep) was self induced

Answer 5

Kay V Butterworth

Question 6

D, a diabetic, failed to eat enough after taking insulin to control the diabetes. Became aggressive and hit somebody over head with iron bar. Defence not allowed because autonomy was self induced

Answer 6

R v Bailey 1983

Question 7

Automatism can succeed for basic intent crimes if there is clearly no recklessness

Answer 7

R v Hardie 1984

Question 8

D, a lorry driver had driven for 6 hours and hit a stationery car in hard shoulder killing 2 people. D claimed automatism because he had been driving without awareness due driving long distances of flat straight roads. Conviction quashed. CA said defence should not have been allowed, he still had some control

Answer 8

AG Ref No2 1993