Automatism

Question 1

Introduce

Automatism

Bratty v A-G for Northern Ireland

Apart of Automatism

Answer 1

Bratty v A-G for Northern Ireland - An act done by the muscles without any control of the mind.

• The AR is not voluntary and D doesn’t have necessary MR is needed for acqquital.
• Defence Raises this, Prosecution must disprove this.

Question 2

Describe

Involuntary Act

Broome v Perkins

Apart of Automatism

Answer 2

D’s act must be completely involuntary.

Broome v Perkins - If D has some control over their actions, defence fails.

Question 3

Describe

Involuntary Act: Loss of Control

AG Ref 1993

Apart of Automatism

Answer 3

AG Ref 1993 - Must be a total destruction of voluntary control.

Question 4

Describe

External Cause

R v Whooley, T(1990)

Apart of Automatism

Answer 4

• The cause must be external (Blow to a head, attack by bees, hypnotism, side-effect of prescribed drug, etc)

R v Whooley - A sneeze is involunatry and can be caused externally.

T(1990) - Exceptional Stress if external, with over-whelming emotions from a extra-ordianry event.

Question 5

Describe

Self-Induced Automatism

Hardie

Apart of Automatism

Answer 5

• Defence fails, if D reckless in getting into state.
  (Such as taking insulin but failing to eat after, or driving on medication)

Hardie - If D doesn not know actions would lead to self-induced automatism where they would commit offence, not reckless.

Question 6

Apply to an Exam Question

Flip

Apart of Automatism

Answer 6

Involuntary Action

Were the D’s actions completely involuntary? Why?

Did this cause a completed loss of control of their actions? Why?

External Cause

What was the cause of this involuntary action? E.g. insulin.

Was it an external cause?

Self-Induced Automatism (if relevant)

How did the D bring about their automatic state?

Conclusion

Successful defence?