Automatism

• What are the two types of automatism?

  Insane automatism and non-insane automatism
• What happens if non-insane automatism is successful?

  The defendant is acquitted
• What is the outcome if insane automatism is successful?

  The defendant is 'not guilty by reason of insanity'
• How does insane automatism differ from insanity?

  Insane automatism lacks understanding of the act
• What must the defendant show for their act to be considered involuntary?

  That it was an involuntary act
• What is the outcome if the defense of non-insane automatism is successful?

  The defendant is acquitted
• What is the outcome if the defense of insane automatism is successful?

  The defendant is found not guilty by reason of insanity
• What is the distinction between insanity and insane automatism?

  In insane automatism, the defendant's act is involuntary and they do not understand the nature or legal wrongness of the act. In insanity, the defendant's act is involuntary so they lack the mental responsibility for the offence.
• What are the two requirements for the defense of automatism?

  1. The act must be involuntary, and 2) The automatism must not be self-induced
• What is the definition of an involuntary act for the purposes of automatism?

  An involuntary act is where "acts are done by the muscles without any control by the mind" (Bratty)
• What was the key requirement for automatism established in AG Ref No2 1992?

  There must be a "total destruction of voluntary control" (i.e. a total lack of awareness, not just partial control)
• What are some examples of external causes that can lead to non-insane automatism?

  A blow to the head, sneezing fit, PTSD, hypnotism, and hypoglycemia/low blood sugar
• What are some examples of internal causes that can lead to insane automatism?

  Epilepsy, arteriosclerosis/hardened arteries, sleepwalking, and hyperglycemia/high blood sugar
• What is the key distinction between hypoglycemia and hyperglycemia in relation to automatism?

  Hypoglycemia (low blood sugar) is an external cause leading to non-insane automatism, while hyperglycemia (high blood sugar) is an internal cause leading to insane automatism
• What is the rule regarding self-induced automatism?

  Automatism cannot be used as a defense if it was self-induced, such as through voluntary intoxication
• What is the exception to the rule on self-induced automatism?

  If the defendant did not know their actions were likely to lead to a self-induced automatic state, they have not been reckless and can use the defense
• How should the defense of automatism be discussed in an exam scenario?

  Discuss the defense of automatism if the character in the scenario is said to be dazed, concussed, dizzy, not aware of what they are doing, or doesn't remember anything
• How should the exam scenario be compared to the situations concerning the mismanagement of insulin by diabetics?

  If the defendant suffers an adverse reaction to taking too much medication or combining alcohol and medication, compare it to the situations concerning the mismanagement of insulin by diabetics (e.g. Bailey / Quick)
• What are the key differences between insane automatism and non-insane automatism?

  • Insane automatism: Defendant's act is involuntary, but they do not understand the nature or legal wrongness of the act
  • Non-insane automatism: Defendant's act is involuntary, and is caused by an external factor (not a "disease of the mind")
  • Outcome: Insane automatism = not guilty by reason of insanity, Non-insane automatism = acquittal
• What are the requirements for the defense of automatism to be successful?

  1. The act must be involuntary (total destruction of voluntary control, not just partial control)
  2. The automatism must not be self-induced (e.g. through voluntary intoxication)
  3. Exception: If defendant did not know their actions were likely to lead to a self-induced automatic state, they can still use the defense
• How does the law distinguish between external and internal causes of automatism?

  External causes (non-insane automatism):

  • E.g. blow to head, sneezing fit, PTSD, hypoglycemia
  • Defendant is acquitted

  
  

  Internal causes ("disease of the mind", insane automatism):

  • E.g. epilepsy, arteriosclerosis, sleepwalking, hyperglycemia
  • Defendant is found not guilty by reason of insanity
• How does the law treat self-induced automatism?

  • Automatism cannot be used as a defense if it was self-induced, such as through voluntary intoxication
  • Exception: If defendant did not know their actions were likely to lead to a self-induced automatic state, they can still use the defense
• How should the defense of automatism be discussed in an exam scenario?

  • Discuss automatism if character is described as dazed, concussed, dizzy, unaware, or doesn't remember
  • Compare to situations involving mismanagement of insulin by diabetics (e.g. Bailey, Quick)