Bratty [1963] AC 386 [1961] 3 Automatism Definition “An act which is done by the
W.L.R. 965 muscles without any control by
the mind, such as a spasm, a
reflex action or a convulsion;
or an act done whilst suffering
from concussion or whilst
sleep-walking”.
Attorney General’s Reference “Complete loss of voluntary D (a lorry driver) had driven on
(No 2 of 1992) [1994] QB 91 control” the motorway for six hours
[1993] 3 W.L.R. 982 when he swerved and killed
two, it was found that he
suffered from driving without
awareness condition (a trance
triggered by repetitive stimuli)
and thus was unable to break.
He was acquitted originally but
the CoA noted that the expert
witness accepted that
someone with this condition
nevertheless retain some
control. Therefore there was
no total loss of self-control =
no automatism.
Coley [2013] EWCA Crim 223 “Complete loss of voluntary Refer to sheet
[2013] C.L.Y. 633 control”
Broome v Perkins [1987] Crim “Complete loss of voluntary D (driving at a legal speed)
LR 271 control” veered away from objects and
then stopped behind
stationary traffic. Held: his
erratic driving resulting from
his hyperglycaemic state (as he
didn’t eat enough after taking
his insulin for his diabetes)
meant he couldn’t get the
defence of automatism.
Hughes, The Times 3rd May “Caused by an external factor” D (sleepwalking) got up in the
1978 middle of the night to peel
potatoes, proceeded to pick up
a knife in the kitchen and stab
her husband: she was
acquitted of s20 as
sleepwalking was an external
factor.
Burgess [1991] 2 QB 92 [1991] “Caused by an external factor” D was charged with GBH that
2 W.L.R. 1206 he committed whilst
sleepwalking, CoA held
sleepwalking wasn’t an
external factor and thus didn’t
allow for automatism.
Quick [1973] QB 910 [1973] 3 “Caused by an external factor” D was charged with ABH after
W.L.R. 26 attacking a patient at the
W.L.R. 965 muscles without any control by
the mind, such as a spasm, a
reflex action or a convulsion;
or an act done whilst suffering
from concussion or whilst
sleep-walking”.
Attorney General’s Reference “Complete loss of voluntary D (a lorry driver) had driven on
(No 2 of 1992) [1994] QB 91 control” the motorway for six hours
[1993] 3 W.L.R. 982 when he swerved and killed
two, it was found that he
suffered from driving without
awareness condition (a trance
triggered by repetitive stimuli)
and thus was unable to break.
He was acquitted originally but
the CoA noted that the expert
witness accepted that
someone with this condition
nevertheless retain some
control. Therefore there was
no total loss of self-control =
no automatism.
Coley [2013] EWCA Crim 223 “Complete loss of voluntary Refer to sheet
[2013] C.L.Y. 633 control”
Broome v Perkins [1987] Crim “Complete loss of voluntary D (driving at a legal speed)
LR 271 control” veered away from objects and
then stopped behind
stationary traffic. Held: his
erratic driving resulting from
his hyperglycaemic state (as he
didn’t eat enough after taking
his insulin for his diabetes)
meant he couldn’t get the
defence of automatism.
Hughes, The Times 3rd May “Caused by an external factor” D (sleepwalking) got up in the
1978 middle of the night to peel
potatoes, proceeded to pick up
a knife in the kitchen and stab
her husband: she was
acquitted of s20 as
sleepwalking was an external
factor.
Burgess [1991] 2 QB 92 [1991] “Caused by an external factor” D was charged with GBH that
2 W.L.R. 1206 he committed whilst
sleepwalking, CoA held
sleepwalking wasn’t an
external factor and thus didn’t
allow for automatism.
Quick [1973] QB 910 [1973] 3 “Caused by an external factor” D was charged with ABH after
W.L.R. 26 attacking a patient at the
