Voluntary Acts and Automatism

Question 1

What is absolute exclusivity?

Answer 1

The quality of an agreement (such as a licence) by which A agrees:

1. to supply goods for resale in a particular geographical area to B and no other person
2. not to compete with B in the are; and
3. to prevent other persons from competing with B

Question 2

For a criminal action to have occurred the accused must have acted…

Answer 2

voluntarily

Question 3

What happens if the accused was not in control of the events that ensured because of another or some force?

Answer 3

Then it would be unjust to punish the accused

Question 4

Why does mens rea help determine criminal liability?

Answer 4

Because irregardless of whether the accused was conscious of the actions they still committed the offence. However, just because he did them does not mean he is criminally responsible for them. Here, mens rea would be used to determine criminal liability.

Question 5

What is a voluntary act?

Answer 5

An act the accused is responsible for

Question 6

What is a involuntary act?

Answer 6

A bare act where the accused has no responsibility.

Question 7

When might an individual still be charged for an involuntary act?

Answer 7

If they consented to the influence that caused the involuntary act. e.g. the involuntariness was caused by self-intoxication.

Question 8

Does the prosecution has the prove the accused’s conduct was voluntary?

Answer 8

No it is accepted it was voluntary until it is proven otherwise.

Question 9

What is automatism?

Answer 9

The defence that the accused acted involuntarily.

Question 10

What must the accused first do before using the defence of automatism?

Answer 10

Discharge the initial evidential burden.

Question 11

Why does the court have to widen the scope of facts before determining if an act was involuntary?

Answer 11

Looking at the surrounding facts will determine if the accused should have known better.
e.g. Ryan v the Queen was an Australian case where accused shot person. Court held in those circumstances the accused should have known that was a possibility.

Question 12

What is the position under Scots law if a persons commits a crime because they were forced to do so by another?

Answer 12

They will be classified as an innocent agent and absolved of criminal liability.

Question 13

What is the laws position on guilt if the person was hypnotised?

Answer 13

They are considered an innocent agent.

Question 14

What happens if the accused acted a certain way because of a mental disorder?

Answer 14

The accused has to plead one of the mental disorder special defences and prove it on the balance of probabilities.

Question 15

Why is Ross v HM Advocate significant?

Answer 15

The accused was acquitted because his drink was spiked and he acted violently. The external factor destroyed mens rea.

Question 16

What conditions must be satisfied before the defence of automatism can be used and which case created these conditions?

Answer 16

Sorley v HM Advocate

1. The accused had no control over the external factor
2. The accused could not have foreseen the external factor
3. As a result the accused had no control over his actions

Question 17

How did Ross v HM Advocate change scots law?

Answer 17

Before external factors were only relevant in mitigating the circumstances and sentences, Ross changed this.

Question 18

How is criminal liability affected by alcohol and non-prescribed drugs?

Answer 18

If consumption was voluntary then there is still criminal liability. However, if like Ross the accused was not aware then criminal responsibility may be diminished.

Question 19

How is criminal liability affected by prescribed drugs?

Answer 19

if the drug affects the individual in a way that was unforeseen then the accused should be acquitted.

Question 20

How is criminal liability affected by diabetes, specifically hypoglycemia?

Answer 20

If hypoglycemia was caused by medication then the accused should be acquitted. However, if the accused did not comply with the medications directions and should have foreseen the consequences they can be held liable.

Question 21

How is criminal liability affected by toxic fumes?

Answer 21

Acquittal will be granted.

Question 22

How is criminal liability affected by a concussion?

Answer 22

Accused will not be held liable

Question 23

How is criminal liability affected by stress, anxiety and depression?

Answer 23

This is not said to be an external factor thus cannot trigger the defence of automatism.

Question 24

Why is it difficult to establish an internal causal factor?

Answer 24

Because the law has mental disorders as a special defence. However, there may be a threat to the public so an outright acquittal may not be the best approach.

Question 25

In Simon Fraser, why did the prosecution refrain from ‘moving for sentence’?

Answer 25

Here, the accused had killed his son whilst sleep walking. The accused was found guilty but his defence of automatism was also successful. The prosecution decided that the best result would be to make an agreement with the accused for him to always sleep alone and that a sentence was not necessary.

Question 26

What happened in the English case of R v Burgess [1991]?

Answer 26

When sleep walking the accused injured a women. Submitted defence of non-insane automatism, but was unsuccessful as court said his defence was insanity as there was no external factor. He was then detained in a mental hospital.

Question 27

What happens if the accused fell asleep because of alcohol?

Answer 27

Happened in Finegan v Heywood. Accused was found guilty because he voluntarily consumed alcohol.

Question 28

What piece of legislation abolished insanity as a special defence in scotland?

Answer 28

Section 171 of the Criminal Justice and Licensing (Scotland) Act 2010

Question 29

What happens if a person with a mental disorder uses a special defence and that defence is successful? That person because of their condition might still be a threat to society so what does the court do?

Answer 29

HM Advocate v Hayes

Accused was driving bus and had epileptic fit. Found guilty of culpable homicide but his defence of temporary dissociation also worked. The case was then transferred to the High Court where he was told never to drive again (similar to Simon Fraser). Court said this did not set a precedent and discretion would be used in future cases.

Question 30

How is criminal liability affected by weak intellect/

Answer 30

Clark v HM Advocate

Low intellect is not an acceptable defence and the couple was charged.

Question 31

How is criminal liability affected by hysterical amnesia ?

Answer 31

Amnesia does not remove criminal responsibility.

Question 32

What happens when the total loss of control is caused by a mental illness?

Answer 32

Then the accused may be acquitted on the ground of a mental disorder (should he successfully raise the appropriate special defence) with consequences which such a verdict has.

Question 33

What happens when the total loss of control is caused by an external factor which meets the qualifying conditions?

Answer 33

Then the accused will be acquitted unconditionally on the grounds of automatism?

Question 34

What happens when the total loss of control is due to a disease of illness (not amounting to a mental disorder) especially where the actions are likely to recur?

Answer 34

Then the accused should probably be convicted so measures of treatment or restraint may be considered for the purpose of future public safety, there being no such thing as ‘acquitted with conditions’ in Scots law.

Question 35

Does involuntariness lead to a plea of diminished responsibility?

Answer 35

No. Diminished responsibility is only for murder as is stated in the Criminal Procedure (Scotland) Act 1995.