Automatism

Question 0

Attorney generals ref no.2 1992

Answer 0

Claimed in a trance but was still aware

- reduced awareness isn’t a defence loss of control must be total

Question 1

General defence = acquittal
Applies to a situation where D is not legally insane but because of some external factor he is unable to control what he is doing

Answer 1

Lord denning: bratty v Att Gen Ref n. Ireland 63’

Something done by d without control of his mind, such as a spasm, reflex or compulsion; or an act done by any person who is not conscious of what he is doing e.g act done during sleepwalking

Question 2

To use defence d must prove the act was done during an involuntary reflex/ external factors d was conscious

Answer 2

• blow to the head
• r v quick (diabetes external factor)
• r v baillie, self induced automatism (d had been reckless)
• r v hardie - if d didn’t know the effect he has not been reckless (valium)
• if d voluntarily consumes prescribed drugs and there’s a warning on the bottle = defence is weakened