Automatism
- Created by: Hayley Petts
- Created on: 04-06-14 09:53
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- Automatism
- definition
- Bratty v AG for Northern Ireland (1963) sets definition
- an act done by the muscles without any control by the mind
- spasm
- reflex action
- a convulsion
- an act done by someone who is not conscious of what he is doing
- sleepwalking
- whilst suffering concussion
- an act done by the muscles without any control by the mind
- if successful, leads to acquittal
- based on D having no control over their movements and no mens rea
- must be external cause
- Bratty v AG for Northern Ireland (1963) sets definition
- must be an external cause
- Hill v Baxter (1958) - failed to stop at junction and said remembered nothing
- courts used earlier judgement of Kay v Butterworth (1945)
- judge said that a person should not be liable if they became unconscious driving through no fault of their own
- not be liable if attacked by swarm of bees - obiter dicta
- courts used earlier judgement of Kay v Butterworth (1945)
- T (1990) claimed to be suffering from PTS after being ***** and taking part in robbery and assault
- judge allowed defence to be put to jury but convicted
- external stress can give rise to defence if sufficiently severe
- Rabey (1980) - D attacked girl due to stress caused by his rejected advances
- not automatism, but stress of rejection could be insanity
- Narborough (2004) - stabbed man and said flashbacks and PTSD due to childhood sexual abuse meant acted like 'zombie'
- stress not seen as giving rise to automatism
- Hill v Baxter (1958) - failed to stop at junction and said remembered nothing
- must be a loss of control
- loss of control must be total
- Isitt (1978) - drove off after accident, avoiding police car and road block
- no automatism as some control even though evidence of dissociative state
- AG Ref (NO 2 of 1992) (1993) - lorry driver drove along hard shoulder and killed 2 people, but said was in trance-like-state
- decided that loss of control must be complete and total
- you can't use automatism for falling asleep when driving
- must be completely out of the loop and completely uncontrolled
- automatism must not be self-induced
- no automatism if D knows his conduct is likely to bring on an automatic state
- if the automatism is self-induced and relates to an offence of specific intent then defence may be available
- for a basic intent offence the necessary mens rea is provided by being reckless in managing a conduct which can lead to automatism
- exceptions occur where D does not know his act could lead to an automatic state and he has not been reckless
- Bailey (1983) - diabetic took too much insulin to make himself aggressive towards ex-gf
- conviction upheld as state self-induced
- Hardie (1984) - took valium to help him sleep given by friend and set fire to wardrobe
- allowed to use defence as he had no recollection of act
- may not have been able to if he had previously used Valium before to make him act strange
- Reform proposals
- 1989 Draft Criminal Code Clause 33 - automatism will be available when:
- there was a reflex action, spasm or convulsion
- a condition, where of sleep, unconsciousness or otherwise, leads to deprivation of effective control occurring
- there was an act or condition as a result of nothing done or omitted with the fault required for the offence or intoxication
- 1989 Draft Criminal Code Clause 33 - automatism will be available when:
- definition
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