Test 2 Automatism

Question 1

Automatism def

Answer 1

-> A defense/plea
Involuntary act such as sleepwalking is performed in a state of unconsciousness. The defendant does not act voluntarily and is not fully aware of their actions while in this state.

Question 2

Automatism VS NCRMD

Answer 2

Automatism:
- External factors
- Acquittal
- Crime unlikely to re-occur
NCRMD:
- Internal factors
- Sent for treatment
- Crime may re-occur
Both-> Not guilty plea and use balance of Probabilities

Question 3

Automatism happens in which sleeping stages and why?

Answer 3

-> Stages 3 and/or 4
Because of the deep sleep induced by the slow-wave sleep (SWS)

Question 4

Stage 5 of sleep/ REM stage

Answer 4

-> Paradoxical sleep
Because brain is active (mimics being awake)
BUT major muscles groups are paralyzed
- Vivid dreams occurs here

Question 5

Proof used in R.v Parks (7)

Answer 5

1. Family History-> 20 of his relatives have sleep disorders
2. Timing-> coincide w sleeping stages and events
3. No Motive
4. No Attempt to Conceal-> went straight away to the police
5. Amnesia-> when sleep-walking= does not remember the events
6. Sleep Deprivation-> more prone to sleep-walk
7. Stress-> Both physical (concussion) and emotional (finance), more prone to sleep-walk

Question 6

Evidences from Rv Parks that cannot be faked

Answer 6

1. Family history
2. Timing

Question 7

Rv King - Involuntary Intoxication

Answer 7

• King was given pain meds after a dentist appointment
• Unaware of the side effects
• Drives home from the dentist and crashes his car
  -> Charged with Impaired Driving, Uses Automatism defense and wins