Automatism Flashcards
Automatism definition
A defence to a criminal offence. It is an act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he or she is doing such as an act done while suffering from a concussion or sleepwalking.
What kind of defence is non-insane automatism
Complete
Case where a man was found guilty even though he didn’t remember anything for several meters before collision
Judge said obiter dicta that being struck by a stone / overcome by a sudden illness / a swarm of bees flies into the car, automatism is a defence
Hill v Baxter
Case where there was not total loss
R v T - PTSD, dream-like state, must be a total loss of voluntary control
AGR (no.2 of 1992) - driving without awareness. Court ruled he still had some control
Insulin without food
Bailey
Taking Valium under the assumption it would make him calm
Hardie - Valium did not have normal effect so defence could have been available
Is automatism available as a defence for basic intent offences?
No
