automatism - capacity defences

What is the definition of automatism

An act done by the muscles without any control by the mind, such as a spasm, reflex, or convulsion or done when unconscious

In what case was the definition of automatism created

Bratty v Attorney General for Northern Ireland

What are the two types of automatism

Insane automatism - disease of the mind (in this case the defence is insanity)

Non-insane automatism - external cause

In what case were external factors approved

Kay v Butterworth

What was said in attorney general’s reference (No.2 of 1992)

Reduced or partial control of ones actions is not sufficient to constitute non-insane automatism

Is diabetes a sufficient defence & example

R v Quick - had taken insulin but had not eaten & drunk alcohol, he was able to use the defence

Is self-induced automatism sufficient & cases

Unlikely to be available if the accused caused the automatism themselves

R v Bailey

R v Hardie

What is one proposal for reform of automatism

Law commission 2013 - the two defences (insanity & automatism) are closely related & if the defence of insanity is reformed then so should automatism