Automatism

• What is Automatism:

  Bratty v A-G for NI defined automatism:

  • An act of 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 or whilst sleep-walking."

  Two types of automatism:

  • Insane automatism - cause is the disease of the mind (insanity)
  • Non-insane automatism - cause is external.

  Non-insane automatism is a FULL DEFENCE. Verdict is NOT GUILTY.
• How to prove non-insane automatism:

  It is a defence because the AR of the crime was not voluntary and so the MR is not fully there. There is no fault (Hill v Baxter).

  1. Automatic State - must be a 'total destruction of voluntary control' (AGs Ref. (No. 2 of 1992)). Reduced or partial loss of control is not sufficient.
  2. External cause - cause must be external to D:

  • Blow to the head
  • Attack by swarm of bees
  • Sneezing fit
  • Hypnotism
  • Taken a drug
  • Large amount of stress (R v T)
• Self-induced automatism

  Where D knows that his conduct is likely to bring on an automatic state e.g. Diabetic who knows risk and fails to take insulin.

  Comes down to whether it was specific or basic intent.

  (R v Bailey) - S.I. Aut. can be a defence where the charge is one of specific intent because D will lack the MR.

  If the crime is a basic intent offence, Prosecution must prove the relevant MR. If automatism is caused by drink/illegal drugs, can't use defence (Majewski).

  If D does not know actions will cause automatic state, has not been reckless and can use defence (Hardie)