Automatism

Question 1

What is automatism?

Answer 1

• An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion
• OR an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion/sleep walking

Question 2

In what case was automatism defined?

Answer 2

Bratty

Question 3

What are the 2 key elements of automatism?

Answer 3

• Involuntary act
• Cause must be external

Question 4

Involuntary act

Answer 4

Loss of control by the mind over movements of the body (reduced/partial control is not enough)

Question 5

Case for involuntary act

Answer 5

A-G’s Reference (No.2 of 1992)

Question 6

External cause

Answer 6

• Blow to the head
• Sneezing fit
• Attack by a swarm of bees
• PTSD

Question 7

Case for external cause

Answer 7

Hill v Baxter

Question 8

Dissociative states (external cause)

Answer 8

May include dissociative states provided they involve an extraordinary event

Question 9

Case for dissociative states (external cause)

Answer 9

R v T

Question 10

Self induced automatism

Answer 10

D knows his conduct is likely to bring about an automatic state

Question 11

Case for self induced automatism

Answer 11

Bailey

Question 12

Specific intent offences (self induced automatism)

Answer 12

• Intention must be proved (murder, s.18, theft)
• Self induced automatism is a defence if D has not formed the intent needed for the crime

Question 13

Basic intent offences (self induced automatism)

Answer 13

• Recklessness is enough (manslaughter, s.20, s.47)
• Self induced automatism is not a defence if D was reckless when they knowingly allowed themselves to fall into an automatic state

Question 14

Voluntary intoxication

Answer 14

If automatic state is cause through voluntary intoxication, cannot use automatism

Question 15

Case for voluntary intoxication

Answer 15

Coley

Question 16

Not knowing actions

Answer 16

If D doesn’t know their actions are likely to lead to an automatic state, they haven’t been reckless and can use automatism

Question 17

Case for not knowing actions

Answer 17

Hardie