Automatism

Question 1

Define Automatism

Answer 1

• Automatism is a Complete Defence where D acts without conscious control
• Defined in Bratty v AG for Northern Ireland

Question 2

What must you establish for Automatism

Answer 2

• Total loss of voluntary control
• Caused by an external factor
• Automatism is not self-induced

Question 3

Explain Total Loss of Control and give a case

Answer 3

• D must have no control at all over their actions, partial or reduced control is not enough.
  AG’s Ref (No 2 of 1992) - D still had some control -> no automatism.

Question 4

Explain External Cause and give 2 cases

Answer 4

• Automatism must be caused by an external factor
  R v T: PTSD from Rape = external factor
  R v Quick: Insulin (external) caused state -> automatism applies

Question 5

Explain Self-induced and give a case

Answer 5

• Automatism must not be caused by D’s own voluntary actions.
  R v Coley: D took drugs -> self-induced -> no automatism

Question 6

What if Automatism is Self-induced

Answer 6

Basic Intent Crimes: No Defence if D was reckless in becoming an automaton
Specific Intent: Automatism can still be a defence