Automatism

• automatism is available for all offences.
• X may be able to rely on the defence of automatism. This defence can allow for an acquittal of the offence.
• Firstly, X must show that there wan an involuntary act. This means the act is done by the muscles without the control by the mind. and so the D is not aware of what he is doing as outlined in Bratty.

  Apply - (spasms, hypnotism, the effect of anaethic or natural reactions such a sneezing)
• However, it should be noted that this must be a total lack of awareness and not just partly automatic as in the case of A-G's Ref No.2 of 1992 - APPLY
• Secondly, this involuntary act must be caused due to an external factor. For example, in Quick

  APPLY
• However, the automatism must not be self induced(reckless) - this is where it is caused by the D himself by for example, drink or drugs.+

  If the automatism is self induced then whether the D can rely on the defence or not depends on whether the crime committed was a specific intent or a basic intent crime. Cases such as Hardie and Bailey provide this

  APPLY
• If it is a specific intent crime, the defence is available, therefore no crime. If it is a basic intent crime and the D was reckless about managing one's own health or becoming voluntarily intoxicated, therefore at prior fault, then the defence is unavailable.
• Conclude - can X use the defence of sane automatism or not.