Automatism

Question 1

Automatism introduction/ definition

Answer 1

• D may be able to argue the defence of automatism
• Lord Denning in (Bratty) defined automatism as, “An act done by the muscles without any control of the mind”
• Automatism is caused by an external factor

Question 2

Stage 1 of automatism

Answer 2

• The D must have lost full control of their actions, caused by an external factor
• Explain and apply which of the external factors is relevant to the defendant

Question 3

Automatism- examples of external factors

Answer 3

• Reacting to swarm of bees/ spasm/reflex/ sneezing (Hill vs Baxter)
• Diabetes- Hypoglycaemia (Quick)
• Sneeze(Whooley)
• Concussion from a blow to the head
  -Hypnotism
• Effects of a medication such as anaesthetic

Question 4

Stage 2 of automatism

Answer 4

• The D must have no mens rea for the crime. This means that the D did the actus reus of the crime involuntarily (Broome vs Perkins)

Question 5

Automatism side rule

Answer 5

• Self- induced automatism- If the D was aware that their actions or omission would result in an automatic state (Bailey)
• The defence works differently based on the crime:
• Can be used for specific intent crimes
  -Cannot be used for basic intent crimes- as this is evidence of recklessness