Automatism Template

Question 1

1. A potential defence that may be available to D is…

Answer 1

Automatism.
Defined in Bratty v AG as any act done by the muscles without the control of the mind, such as a spasm, reflex action or convulsion by a person not unconscious of what he is doing.’

Question 2

2. The defence once raised by D…

Answer 2

Must be disproved by the prosecution on the balance of probabilities.

Question 3

3. The cause of automatism must arise from…

Answer 3

An external condition which leads to the total LOC.
In Hill v Baxter it was suggested in obiter that being attached y a swarm of bees would amount to automatism.
In R v Whooley it was suggested that having a sneezing fit would amount to tto automatism.
APPLY: what is the external condition?

Question 4

4. The defence of automatism is limited to…

Answer 4

Strict requirements that D must have suffered a total loss of voluntary control.
Any indication of control means the defence isn’t available.
In AG nu. 2 of 1992 it was confirmed driving without awareness but still being able able to control the wheel amounted to having some control and was not a total loss of control.
NOTE: if D was reckless they’re unlikely to be able to plead automatism, R v Bailey.
APPLY: has D suffered a complete LOC?

Question 5

5. A successful plea leads to….

Answer 5

a complete acquittal.

Question 6

External factors:

Answer 6

• Sneezing fit, Hill v Baxter.
• Being hit on the head by a brick.
• Prescription drugs, R v Hardie.

Question 7

Not self induced - R v Bailey

Answer 7

Insulin and then not eating or drinking.