Defence of Consent
Defence of Insanity
Defence of Automatism
Non-Fatal Offences
Attempts
Actus Reus
Theft
Robbery
Burglary
Murder
Omission
Defence of Insanity
Defence of Automatism
- Presentation
- Case List
- Exam Tip
- Exam Past Questions
Non-Fatal Offences
Attempts
Actus Reus
Theft
Robbery
Burglary
Murder
Omission



Defence of Automatism
Automatism is very rarely used as a criminal defence. It offer defence to defendant where he wasn't aware/ or in control of his actions.
Learn the definitions of all general defences carefully and support them with relevant cases
In section A - Make AO2 as you go so that an argument flows and develops
In section B - Have a good grasp of key facts of decided cases and apply them to a scenario
In section C - Be precise and concise
In section A - Make AO2 as you go so that an argument flows and develops
In section B - Have a good grasp of key facts of decided cases and apply them to a scenario
In section C - Be precise and concise
Defence of Automatism - Content
Introduction
Automatism is an act done by the muscles without any control by the mind. It is a complete defence and the defendant is acquitted when found not guilty. This defence is available for defendants whose actus reus is done not voluntarily. And they are missing the required mens rea for the offence.
External Factor
The cause of the automatism must be external, like; Sneezing, the effect of a drug or an attack by a swarm of bees. Case example - Hill v Baxter 1958. Exceptional stress can be an external factor which may cause automatism. It was shown in case of T 1990 where the defendant was allowed the defence due to post-traumatic stress.
Self-induced automatism
Self-induced automatism is where the defendant knows that his conduct is likely to put him on an automatic state. Examples include a diabetic, who knows the risk of failing to eat after taking insulin. or a person who drinks alcohol after medication when he was told by his doctor that he must not take alcohol while on that medication. Case of bailey 1983 established that the defence applies different to specific intent offences and basic intent offences.
Self-induced automatism - Specific Intent
For specific intent offences a self-induced automatism can be a defence. This is because the defendant lacks the required mens rea for the offence. Case example - Bailey 1983.
Self-induced automatism - Basic Intent
The law is more complicated on basic intent and the main rule is that the defendant cannot use the defence of automatic state if he has brought the automatic state by being reckless. If defendant has been reckless in getting into a state of automatic, self-induced recklessness cannot be a defence. If the self-induced automatic state is caused through a drink or illegal drug or other intoxicating substance, the defendant cannot use the defence of automatism. Case example - DPP v Majewski 1977. If the defendant does not know that his actions are likely to lead to a self-induced automatic state in which he may commit an offence, he has not been reckless and can use the defence of automatism.
