Automatism

Criminal Law A2

Automatism

• An act done by the muscles without any control by the mind, such as a spasm, a reflex, action or a convulsion or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleep walking Bratty V Attorney General for Northern Ireland 1963

• For Jury to decide if it applies.

Non-Insane AutomatismTwo types of automatismInsane automatism –caused by disease of mind- InsanityNon-insane AutomatismDefence because Actus Reus not done by D voluntary

– External cause– Blow to head– Attack swarm of bees-Kay V Butterworth– Sneezing– Hypnotism– Effect of a drug– Exceptional stress- T1990

Concept no fault approved in Hill V BaxterPartial loss of control is not enough Attorney General‘s reference ( No2

of 1992)(1993)

Self Induced• Where D knows that his conduct is likely to bring on an automatic

state• Bailey 1983• Sets out when defence available.• If offence one specific Intent then self induced automatism can be

defence. Lacks Mens Rea• If basic intent then• If D has been reckless in getting in state, then no defence.

(recklessness enough for MR for offences of basic intent)• Where self induced through drink and illegal drugs can not use

defence. Getting in state is reckless-MR• Where d does not know his actions likely to lead to self induced

automatic state in which he may commit an offence he has not been reckless, can use defence- Hardie 1984- Vallium fire wardrobe

Task

• Copy out the table on pg 176

Task

• Read the activity on pg 176 and then answer the questions. Give reasons for your answers