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Topic: Automatism (law)

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	Kevin's English law glossary: automatism (Site not responding. Last check: 2007-10-16)
		In English law the distinction between automatism and insanity (see insanity) is drawn on the basis of internal and external factors, and is somewhat archaic.
		In the archetypal automatism case (@pxref{}), Denning LJ classed sleepwalking as a type of automatism; more recently it has had to be reclassified as `insanity' because of the lack of an external factor.
		Automatism may be a defence against a criminal charge, but not if the defendant was responsible for the situation that gave rise to the automatism (see R v Quick (1973)).
	www.kevinboone.com /lawglos_260.html (130 words)

	Kevin's English law glossary: automatism
		In English law the distinction between automatism and insanity is drawn on the basis of internal and external factors, and is somewhat archaic.
		In an archetypal automatism case, Denning LJ classed sleepwalking as a type of automatism; more recently it has had to be reclassified as `insanity' because of the lack of an external factor.
		Automatism may be a defence against a criminal charge, but not if the defendant was responsible for the situation that gave rise to the automatism (see R v Quick (1973)).
	www.kevinboone.com /lawglos_automatism.html (162 words)

	Automatism
		Automatism is the practice or theory of the spontaneous production of words (speech or writing), drawing, painting or other creative production, or behavior in general, without conscious self-control or self-censorship.
		There are two types of automatism: mediumistic automatism, in which the speech, writing or behaviour produced is purported to be communicated from ghosts, spirits or the like, channeling through a psychic or medium, and surrealist automatism.
		In law, automatism is the state of acting involuntarily, as in sleepwalking.
	www.brainyencyclopedia.com /encyclopedia/a/au/automatism.html (122 words)

	BBC - h2g2 - English Legal System: Intoxication in Criminal Law Defences for Offences Against the Person.
		The law takes a different view to involuntary intoxicated defendants, and if such defendants are incapable of forming the necessary mens rea (intent, or "guilty mind") then it can be a full defence for both specific and basic intent crimes.
		This is sometimes referred to as non-insane automatism to distinguish it from the insane automatism that is defined as insanity as in the case of the epileptic defendant in R v Sullivan considered above.
		Automatism will be refused as a defence for intoxicated defendants as the courts are unwilling to allow the defence of automatism if the defendant is somehow to blame for the cause of the automatism (self-induced automatism).
	www.bbc.co.uk /dna/h2g2/A665633 (1614 words)

	DEFINITIONS - Response to the 14th Report of the Standing Committee on Justice and Human Rights - Review of the Mental ... (Site not responding. Last check: 2007-10-16)
		To establish the section 16 exemption from criminal responsibility, it must be shown that the accused was suffering from a mental disorder at the time of the offence that rendered him or her incapable of either appreciating the nature and quality of the act or omission, or of knowing that it was wrong.
		Automatism was defined as "a state of unconsciousness that renders a person incapable of consciously controlling their behaviour while in that state."
		Our law recognizes that a person cannot be tried for a criminal offence where because of mental disorder he or she does not have the capacity to make a defence.
	canada.justice.gc.ca /en/dept/pub/tm_md/definitions.html (2019 words)

	[No title]
		PA in the 1790's was the first jurisdiction to distinguish between 1st and 2nd degree murderers as a way of removing less culpable murderers from the class of homicides punishable with the death penalty.
		Causation A. Causation in criminal law is roughly akin to causation in tort law; it is a part of the same mishmash of law.
		Criminal law is not interested in shifting liability to compensate monetarily victims of harm or encourage economic efficiency; that is the realm of tort law.
	www.ibiblio.org /jwsnyder/outlines/crimf92.txt (13696 words)

	R. v. Stone, 1999 CanLII 688 (S.C.C.)
		Automatism is conceptually a sub-set of the voluntariness requirement, which in turn is part of the actus reus, and accordingly puts in issue the Crown's ability to prove all of the elements of the offence beyond a reasonable doubt.
		Automatism is a term used to describe unconscious, involuntary behaviour, the state of a person who, though capable of action is not conscious of what he is doing.
		Automatism is not a medically repackaged and enhanced variant of the provocation defence, although provocation is sometimes put forward as a fallback position in the event automatism is rejected.
	www.canlii.org /ca/cas/scc/1999/1999scc30.html (16707 words)

	Commission Report No 6 - Criminal Liability and Self-Induced Intoxication
		The Law Reform Commissioner investigated the number and type of cases in which people charged with criminal offences were acquitted, apparently because they could not be proved to have acted voluntarily and with a criminal intent because of gross intoxication.
		Automatism differs from insanity in that the accused is not suffering from 'a disease of the mind'.
		In 1982, the Law Reform Commission of Canada proposed as one of two alternative amendments to the Canadian law, that a new statutory offence of 'criminal intoxication' should be introduced among the inchoate offences.
	www.parliament.vic.gov.au /lawreform/intox/lrc1986.html (12204 words)

	R. v. Fontaine, 2004 SCC 27 (CanLII)
		Where mental disorder automatism is raised as a defence, an assertion of involuntariness on the part of the accused, supported by evidence from a qualified expert which, if accepted by the jury, would tend to support that defence, will normally provide a sufficient evidentiary foundation for putting the defence to the jury.
		Applying the law to the facts, the Court of Appeal did not err as to the nature of the evidential burden on a defence of mental disorder automatism, nor did it err in concluding that the accused had discharged that burden and was entitled to have his defence considered and decided by the jury.
		10 We are concerned with the evidential burden on a defence of mental disorder automatism and not with the "persuasive" burden on that defence.
	www.canlii.org /ca/cas/scc/2004/2004scc27.html (6817 words)

	Articles - Automatism (law) (Site not responding. Last check: 2007-10-16)
		Automatism is a disassociative state where the individual suffering from it has no control over their actions.
		In law, a claim of automatism is a complete defence to a criminal prosecution.
		One situation where this is notably raised occurs where a defendant claims to have been sleepwalking at the time that they committed a crime.
	www.mainearth.com /articles/Automatism_(law) (86 words)

	CRIMINAL LAW (ESAU) OUTLINE #16 (Site not responding. Last check: 2007-10-16)
		This second question is crucial because the legal consequences of being in the state of automatism (and perhaps the processes of proof) varies depending on the cause.
		Rabey- majority suggests that the automatism triggered by psychological blow was caused by a disease of the mind and thus was not in the category of non-insane automatism.
		Stone 1999, were again the psychological blow automatism is treated as a disease of the mind, we start with a presumption that if there is automatism it is caused by mental disorder and so s.
	umanitoba.ca /academic/faculties/law/Courses/esau/criminal/chap17.html (1185 words)

	AcademicDB - Criminal Law Assignment
		His defence can be that he had actus reus, acted in a state of automatism caused by hypoglycaemia as a result of failing to take food after he suffered a fall in his sugar level.
		The case of Burgess [1991] 2 QB 92, concerned where the Defendant was sleep walking when he wounded the victim and was charged with grievous body harm and was found not guilty by the jury verdict.
		The defence for non-insane automatism was not allowed and the defendant was send to a secure medical hospital.
	www.academicdb.com /criminal_law_assignment_14903 (269 words)

	The Law Reform Commission Consultation Paper on Intoxication as a defence to a Criminal Offence
		The criminal law is concerned with the situation where such a large quantity of alcohol and/or other drugs is consumed that one becomes unaware of what one is doing or unable to control one's actions, and while in that state, one commits a crime requiring mens rea.
		Automatism may be insane or non-insane, the former results in the special verdict of “guilty but insane” and the latter entitles the accused to a full acquittal.
		As a statement of the law, however, this view has been criticised on the grounds that as far as the common law is concerned a crime committed by an intoxicated person is not aggravated thereby.
	www.lawreform.ie /publications/data/lrc83/lrc_83.html (8159 words)

	Chapter One - Criminal Liability and Self-Induced Intoxication
		When considering self-induced intoxication, the public policy question that must be addressed is whether the criminal law should allow a defendant to argue that he or she did not form the requisite intent or that he or she acted involuntarily and, therefore, is entitled to be acquitted.
		Involuntary conduct, such as epilepsy, stroke, reflex, automatism can be characterised as conduct which the person does not think he or she is doing; that is, such conduct does not result from the desire to do it.
		[49] Originally, automatism came within the defence of insanity, which allows a defendant to be excused if it can be shown that the defendant did not know the wrongness or nature of his or her act and that lack of knowledge derives from a `disease of the mind'.
	www.parliament.vic.gov.au /lawreform/intox/report/1.html (4906 words)

	Criminal Law Essays and Dissertations
		Law Essays UK have undertaken a large number of criminal law essays on both actus reus and mens rea looking at direct and oblique intent, specific and basic intent, automatism, voluntary conduct, intervening events, recklessness and omissions.
		Our criminal law writers are experts in written criminal law essays on offences such as murder, constructive and involuntary manslaughter, theft, burglary, robbery, arson, taking without consent, fraud, hacking, obtaining property by deception, malicious wounding, actual bodily harm - abh, grievous bodily harm - gbh, assault and battery and rape.
		Criminal law essays and law dissertations on defences that we have undertaken include those looking at areas such as automatism, self induced automatism, consent, diminished responsibility, mistake, necessity, provocation, self defence - reasonable and excessive force, duress, insanity - unfitness to plead, disease of the mind, the M'Naghten rules and intoxication.
	www.law-essays-uk.com /criminal.html (947 words)

	Is Oz-wolf a legally insane automaton?
		This was held to be non-insane automatism as the cause of the automatism was external i.e.
		Here it was held to be insane automatism as there had been no external case, it was his internal condition of diabetes that had caused the automatism.
		The Above the Law banner is an altered form of a screen-cap taken from the The Slayer Show, the original screen-cap is © the WB.
	www.geocities.com /voxsententia/abovethelaw/ozwolf.html (623 words)

	R v
		The rationale behind the distinction between insane and non-insane automatism may be based on the perceived risk that a defendant presents to society.
		If all that was designed or envisaged was in fact a common assault, and ther was no evidence that A, a party to that common assault, knew that any of his companions had a knife, then A was not an accomplice in the crime consisting in its felonious use.
		Argued pure automatism because of the epilepsy but the court held that it was insane automatism.
	www.kirstygriffiths.ch /Law-Criminal-Cases.htm (4606 words)

	SFU Library - Criminal Law
		Criminal law is mostly a federal matter and other than procedural differences, things don't change that much from province to province; in other words, the information will at least serve as a good primer.
		Although it is being published on the Home Page of the British Columbia Superior Courts, this Compendium is definitely not an authoritative statement of the law and neither the authors (as described in the Foreword) nor any of the other judges of the province are required to adopt any of the views stated herein.
		Note that law reports may be found in the catalogue under their abbreviated title.
	www.lib.sfu.ca /researchhelp/subjectguides/crim/classes/crim041230.htm (3486 words)

	Automatism is generally considered to be a state in which a person has no control over his or her actions.
		Automatism is generally considered to be a state in which a person has no control over his or her actions.
		Below is a short sample of the essay "Automatism is generally considered to be a state in which a person has no control over his or her actions.".
		A defendant may be prevented from raising the defence of automatism where there is evidence to show that he was in some way at fault in bringing about the state of automatism.
	www.coursework.info /i/39460.html (654 words)

	Introduction to Criminal Law
		It is also necessary to prove that the defendant’s act was a cause in law of the specified consequence.
		Ignorance of criminal law is not acceptable as a defence although ignorance of civil law may be as long as it negates the mens rea for the offence in question.
		This is a reflex response and thus an automatic one so it is quite easily sustainable that the defendant cannot be held responsible “for the consequences resulting from the loss of control of his vehicle”.
	www.kirstygriffiths.ch /Law-introduction_to_criminal_law.htm (2314 words)

	E Law - Sleepwalking: Insanity or Automatism
		Medical evidence in some recent cases would tend to refute the traditional assumption of common law courts that sleepwalking is the classic example of automatism; it appears that it may be more appropriate to think of it as a mental abnormality and thus forming the basis for a plea of insanity.
		To the extent that R v Falconer[18] is cited as authority for the proposition that sleepwalking is a self-evident example of an automatism, it is clearly not correct.
		And, if there be evidence of mental disease but the evidence is incapable of proving that the mental disease produced any of the consequences prescribed by pars (a) and (b) of s.16(1), that evidence is both insufficient to establish insanity and irrelevant to the issue of voluntariness.
	www.murdoch.edu.au /elaw/issues/v3n1/ridgway.html (4212 words)

	PTSD and Criminal Law
		PTSD is potentially relevant to the criminal law in a variety of ways and has been extremely influential and controversial in the United States: see Stone (1993, p 26ff); Melton et al (1997, p 223ff).
		It has been raised in defences of insanity, diminished responsibility, automatism, self-defence and provocation, as well as duress, sought in aid in prosecutions for sexual assault, prayed in aid for the evaluation of the credibility of witnesses, and also asserted to be germane
		Thus, in Walsh (1991) 60 A Crim R 419 the accused argued to the Supreme Court of Tasmania on appeal from his conviction for murder that he had suffered at the key time a deluded belief in the course of a flashback episode that he was in Korea defending himself from an enemy soldier.
	www.findlaw.com.au /article/5876.htm (973 words)

	SFU Library - Criminal Law
		To instil an awareness of the historical roots of the criminal law.
		For the purposes of first year law school, citation focuses primarily on cases, although statute, article and book citation are relevant as well.
		Case citation serves two major functions: first, a complete citation allows the reader to find the decision; second, it should convey valuable information about the case, including the date it was handed down, court level, jurisdiction and case history (if included).
	www.lib.sfu.ca /researchhelp/subjectguides/crim/classes/crim051230.htm (3675 words)

	Defences
		The major premise of criminal law rests on the idea that human beings have the capacity to choose between 'right' and 'wrong'.
		Such a premise may be rebutted by evidence to the contrary such as children, insanity and automatism.
		The relationship between domestic criminal law and international law is a complex one.
	privatewww.essex.ac.uk /~joash/defences.htm (1602 words)

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