Automatism

• Give the two definitions of automatism

  
  

  1. 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 sleep walking.
  2. An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion.
• What are the two key elements of automatism?

  an involuntary act

  the cause of automatism must be external
• What is an involuntary act?

  a ttal loss of control by the mind over the movements of the body
• What case is used for involuntary act?

  A-G ref (no2 if 1992)
• Give four external causes for automatism

  1. blow to the head
  2. fit of sneezing (R v Whoolley)
  3. attack by bees (hill v baxter)
  4. exceptional stress (R v T)
• What case is automatism defined in?

  Bratty
• Give a case for self-induced automatism

  Bailey - Diabetic
• What is self induced automatism?

  D knows his conduct is likely to bring about an automatic state
• Give an example of self-induced automatism


  A diabetic failing to eat after taking insulin, knowing that this will cause a lack of consciousness
• Is self induced automatism available for specific intent offences?

  Yes, if D has not formed the intention needed for the crime
• Is self-induced automatism a defence for basic intent offences?

  Not if D was reckless when they knowingly allowed themselves to fall into an automatic state
• Can D use automatism when voluntarily taking an intoxication (give a case)?

  No, Coley
• Can D use automatism if they did not know their actions were likely to cause an automatic state and why? (give case too)

  Yes because they have not been reckless - Hardie
• What's the difference between automatism and insanity?

  If the cause is an internal factor, insanity applies.

  If the cause is an external factor, automatism applies.
• What was the external factor in Quick?

  Failure to take food was an external factor so he could raise a defence of automatism.
• Why is the case of Hennessey not automatic?

  Because diabetes is considered a disease of the mind and therefore within the legal definition of insanity.