Automatism
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This document discusses the legal defense of automatism, where a defendant's actions are involuntary due to an external uncontrollable factor. For automatism to apply, the act must be due to a spasm, convulsion or other uncontrollable response induced by an external stimulus, such as being stung by bees. Both case law and legal principles discussed in the document require the act to be involuntary and prevent the defendant from forming criminal intent for automatism to be a successful complete defense leading to acquittal.
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1. Rashid, a diabetic, failed to take his insulin and suffered a blackout while driving, crashing into a pedestrian named Larissa and killing her.
2. Rashid may plead the defense of automatism since his blackout was due to a medical condition and was involuntary.
3. Rashid cannot claim the defense of insanity as his condition was caused by an external factor of failing to take his medication rather than a disease of the mind.
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- Lawrence (1971) established that taking money with consent could still be appropriation.
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- McPherson (1973) ruled that placing bottles in a bag showed intent to steal, amounting to appropriation.
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Automatism
- 1. Bratty: Need for an involuntary act over which the body has no control
- 2. Must be: something such as a spasm or convulsion
- 3. Hill v Baxter: must be a vol, positive act for liability. Case where driver got stung by bees
- 4. Whoolley: must be a vol, positive act for liability. Case involved someone sneezing.
- 5. Act must: be induced by an external factor
- 6. Quick: Diabetic who suffered automatism as a result of taking insulin
- 7. Defendant must: be incapable of forming mens rea
- 8. Successfully raising automatism leads to acquittal as it is a complete defence.