The defence of non-insane automatism (generally known as automatism) presumes that the involuntary behaviour of a defendant, who had no part in choosing their actions freely, should not be punished. In situations where the behaviour of the defendant is caused by a problem with the mind and its functions, a complete defence can be raised which, if successful, can lead to an outright acquittal.
In the majority of cases that have reached the appellate courts, nevertheless, defendants have not fared particularly well in raising automatism. Indeed, the general reluctance of trial judges to refuse even to consider the defence has led to many appeals reaffirming the trial judge’s decision. Where a defendant says ‘I can’t remember doing it’, it is not enough to substantiate the defence.
Your organisation does not have access to this article.
Sign up today to give your students the edge they need to achieve their best grades with subject expertise
Subscribe
