Automatism
Automatism
Bratty: Automatism is an act done by the muscles without any control by the mind such as a spasm, reflex action, convulsion or an act done by a person who is not conscious of what they are doing such as an act done while the defendant was suffering from concussion.
Involuntary act: The defendant's actions must be completely involuntary so that the defendant's mind isn't in control of his limbs in a purposeful manner, the defendant must have a total lack of awareness not just a partial automatic state.
Broome v Perkins: Held automatism failed as when the defendant was seen swerving it demonstrated that they had some control over the vehicle.
The involuntary action must result from an external factor.
Hennessy: Held hyperglycaemia is internally caused and therefore insanity.
Quick: Held hypoglycaemia is externally caused and is therefore automatism.
T: Held the defendant's dissociative state was caused by the extraordinary event and overwhelming emotion from the rape, this was an external factor.
Whooley: Held the sneeze was caused externally and therefore was automatism.
Extra Cases
AG Reference (No2 of 1999): Held the defendant was still partly in control, this is not a completely involuntary act.
Burgess: Held disappointment is not enough for automatism but it is a normal part of life.
Bailey: Held if the crime is that of specific intent, self induced automatism will apply if the defendant is unable to form the mens rea. If it is basic intent it will only be a defence if the defendant wasn't reckless.
Bratty: Automatism is an act done by the muscles without any control by the mind such as a spasm, reflex action, convulsion or an act done by a person who is not conscious of what they are doing such as an act done while the defendant was suffering from concussion.
Involuntary act: The defendant's actions must be completely involuntary so that the defendant's mind isn't in control of his limbs in a purposeful manner, the defendant must have a total lack of awareness not just a partial automatic state.
Broome v Perkins: Held automatism failed as when the defendant was seen swerving it demonstrated that they had some control over the vehicle.
The involuntary action must result from an external factor.
Hennessy: Held hyperglycaemia is internally caused and therefore insanity.
Quick: Held hypoglycaemia is externally caused and is therefore automatism.
T: Held the defendant's dissociative state was caused by the extraordinary event and overwhelming emotion from the rape, this was an external factor.
Whooley: Held the sneeze was caused externally and therefore was automatism.
Extra Cases
AG Reference (No2 of 1999): Held the defendant was still partly in control, this is not a completely involuntary act.
Burgess: Held disappointment is not enough for automatism but it is a normal part of life.
Bailey: Held if the crime is that of specific intent, self induced automatism will apply if the defendant is unable to form the mens rea. If it is basic intent it will only be a defence if the defendant wasn't reckless.
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