Automatism - External Factor!

• Definition

  • An act which is done by the muscles without any control of the mind or an act done by a person who is not conscious of what he is doing
  • If successful - remove D from any form of criminal liability
• Elements

  1. D's actions are involuntary
  2. The involuntary actions are caused by an external factor
  3. Not self-induced
• Involuntary

  1. Complete loss of control
  2. Broome v Perkins
• External factor

  • E.g. sleepwalking, PTSD, diabetes
  • R v Kemp
• External factor - diabetes

  1. HyPER glycaemia = rise in blood sugar levels + body doesn't produce insulin to counteract = INSANITY - internal
  2. HyPO glycaemia = blood sugar levels fall dangerously low usually because diabetic hasn't taken any injection of insulin to counteract = AUTOMATISM - external

  R v Quick
• Not self-induced

  • If D knows that conduct is likely to bring on an automatic state
  • R v Bailey