Automatism

• Definition:

  • 'Act done by the muscles without any control by the mind such as a spasm or a reflex action or a convulsion or an act done by a person who is not conscious'
  • D can be unconscious by uncontrolled, aware of what is going on by incapable (Altered state)
  • External factor - automatism negates from unlawfulness of AR
  • Coley - 'Complete destruction of voluntary control'
• Defence:

  • Common law, complete defence, not in control of their bodily movements
  • Involuntary - no MR
  • General defence - includes SL
• Procedure:

  • Operates in line with woolmington, D bears evidential burden
  • C - 'Crucial principle... cannot rely on the defence of automatism without providing some evidence of it'
  • Prosecution - disprove
  • Aim to show if D retained some control of their actions - external factor rather than internally
• Involuntariness required:

  • Defence operates strictly, requires a total loss of voluntary control
  • Bell - attacked while driving, swarm of bees or a malevolent passenger
  • Not just being unable to remember is sufficient or control impulse
  • Destruction of voluntary control
• A total destruction of voluntary control:

  • Partial reduction is insufficient - AGs ref (white lines)
• Self-induced automatism:

  • Unavailable where drinking/drugs (voluntary intoxication - DPP v majewski)
  • R v Lipman - LSD, strangled girlfriend
  • Specific intent - D lacks MR
  • Basic intent - unaware of risk - self-induced automatism
  • Reckless - Did D know there was risk of getting into such a state
  • Key V Butterworth - insulin
• Self-induced automatism:

  • Hardie - did not know valium would have this reaction
  • No automatism if aware of the risk of bringing on the condition as viewed as being subjectively reckless
  • Bailey - failed to eat, knew it would have this effect
  • Illegal drugs will always fail
• Reflex actions:

  • Ryan - no real application to the case of a fully conscious man who out himself in a situation
  • Voluntary act
  • Bratty - accepted
  • Circumstance dependent