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In criminal law, automatism is a rarely used criminal defence. It is one of the mental condition defences that relate to the mental state of the defendant . Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse.
Automatism is a state where the muscles act without any control by the mind, or with a lack of consciousness. [3] [4] One may suddenly fall ill, into a dream like state as a result of post traumatic stress, [5] or even be "attacked by a swarm of bees" and go into an automatic spell. [6]
Criminal law, criminal liability, automatism, epilepsy, culpable homicide In R v Schoonwinkel , an important case in South African criminal law , particularly as it applies to the defence of automatism , the driver of a motor vehicle was charged with culpable homicide, having collided with and killed a passenger in another car. [ 1 ]
R v Parks, [1992] 2 S.C.R. 871 is a leading Supreme Court of Canada decision on the criminal automatism defence. [2] On an early morning on May 24, 1987, Kenneth Parks drove 20 kilometres from Pickering, Ontario, to the house of his in-laws in Scarborough, Ontario. He entered their house with a key they had previously given him and used a tire ...
Automatism is a defense in criminal law that excludes the responsibility of the crime committed by negating acts reus. In Hill v Baxter, Kilmuir, LC, explained the need of eliminating automatism, defined as "the existence in any person of behaviour of which he is unaware and over which he has no conscious control". [10] [11]
The case was abrogated, however, by enactment of the Criminal Law (Insanity) Act 2006, effective June 1, 2006. The act, in pertinent part, specifically adopted the partial defense for the charge of murder where a successful defense will result in a manslaughter conviction instead of murder.
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