Automatism

Question 1

What is automatism?

Answer 1

Automatism is defined as ‘an act done by the muscles without any control of the mind’. It is caused by EXTERNALLY affected conditions.

Question 2

What is the first stage in applying automatism?

Answer 2

D must have lost FULL CONTROL of their actions caused by an EXTERNAL factor.

Question 3

What are some examples of automatism?

Answer 3

• Reacting to swarm of bees/spasm/reflex/sneezing (Hill v Baxter)
• Diabetes - hypoglycaemia (Low blood sugar) (Quick)
• Sneeze (Whooley)
• Extreme external factor (T)
• Concussion - from a blow to the head
• Hypnotism
• Effects of medication such as anaesthetic

Question 4

What is the second stage in applying automatism?

Answer 4

The D must have NO MENS REA for the crime, meaning the D did the actus reus of the crime INVOLUNTARILY (Broome v Perkins).

Question 5

What is the side rule regarding self-induced automatism?

Answer 5

If the D was aware that their actions or omission would result in an automatic state, the defence may not apply (Bailey).

Question 6

How does the type of offence affect the defence of automatism?

Answer 6

The defence can be used for specific intent crimes but cannot be used for basic intent crimes, as self-induced automatic state is evidence of recklessness.

Question 7

What should be concluded when arguing the defence of automatism?

Answer 7

Conclude whether the D will be successful in arguing this defence and explain full acquittal if successful.