Automatism Flashcards
(9 cards)
Definition of automatism
State of total blackout
Not conscious of their actions and not in control of them
R v Cottle
Doing something without knowledge of it and without memory afterwards of having done it.
A temporary eclipse of consciousness that leaves the person so affected unable to exercise bodily movements
Culpability (Automatism)
Actions are involuntary. No criminal liability for such conduct.
Causes of automatism
Concussion, sleepwalking, brain tumour, epilepsy, consumption of alcohol or drugs
Voluntary intake of alcohol or drugs-court may be reluctant to accept actions were involuntary
Sane automatism
Sleepwalk, blow to the head, effects of drugs
Insane automatism
Result of mental disease
Application in New Zealand Court
Self induced intoxication can lead to automatism if evidence is sufficiently strong to support the defence