Can automatism be relied on if it is self-induced?
Automatism cannot generally be relied upon if it is self-induced.
When may the defence still be available if the automatism is self-induced?
The defence may still be available for specific intent offences, as established in R v Bailey.
This means that if the defendant knowingly caused their own state of automatism, for example by taking drugs, they will usually not be able to rely on the defence, especially for basic intent offences.
Application sentence:
In this scenario, the court must consider whether the defendant’s automatism was self-induced and, if so, whether the offence is one of specific intent.