automatism

• define automatism


  an act done by muscles without any control of mid or act done by someone who not conscious of what they doing
• bratty v AG for NI

  • epilepsy so insanity more appropriate
• act must be involuntary

  • defined by AG REF(NO2 OF 1992)
  • involuntary means act done by muscles without any control by mind
• must be cause by external factor

  • R V T in dream like state during robbery due to PTSD from raped three days earlier
• the test steps

  • act involuntary
  • external factor
  • total loss of mental faculty
  • D must be blameless
• what id D successful

  • complete defence , D acquitted
• self-induced automatism

  • it must not be self-induced , so where D knows conduct likely to bring about automatic state
  • (bailey)
  • if D not realise it would bring about that state then he still have defence as not been reckless
• QUICK

  • took too much insulin = automatism
• hardie

  • due to non-prescribed soporific drugs can be used as defence
  • D took out of date gf valium so he would calm down, set fire to wardrobe in flat = originally convicted of arson
  • cofa quashed conviction as D wanted to be calm as this is normal effect of valium so D not been reckless
• bilton

  • defence or sleepwalking and sexsomnia
  • found to rape someone in sleep jury found not guilty so acquitted