LAW P1 CRIM (AUTOMATISM)

Question 1

What is non insane automatism?

Answer 1

The defence of non insane automatism. if successfully pleaded, acts as a complete defence absolving te defendant of all criminal liability.

The defence of non insane automatism exists where a person commits a crime in circumstances where their actions can be said to be involuntary.

Question 2

What is the definition of automatism?

Answer 2

Automatism was defined in Brathy v AG for Northern Ireland as ’an act done by the muscles without any control by the mind such as a spasm, reflex action, convulsion, an act done by a person who is not conscious of what he is doing.’

Question 3

What are the requirements for the defence of automatism?

Answer 3

Automatism must be the result of an external factor

The external factor causes the act to be done without control

The act was not self induced (no alcohol)

Question 4

What are the cases for first requirement of automatism?

Answer 4

R v Quick, the defendant can rely on the defence of automatism since the associated episodes are caused by insulin which is an external factor

R v Bailey, the automatism was not caused by an external factor as Ds own reckless behaviour caused the act to occur

Question 5

What are the cases for second requirement of automatism?

Answer 5

Broome v Perkins, the defendant had exercised conscious control over his car

R v Burgess, the court rules that automatism could arise from a sleepwalking episode leading to a lack of control over his actions

Question 6

What are the cases for third requirement of automatism?

Answer 6

R v Bailey, the defendant’s automatism was self-induced

R v Burgess, D’s actions were caused by a sleepwalking episode and the court found that it was not self-induced by alcohol or drugs