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, a reflex action or on unison or an act done by a person if not unconscious of what he is doing.

Question 2

2. The defence once raised by D…

Answer 2

Must be disproved by the prosecution.

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.

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 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.