Automatism
Criminal responsibility does not extend to situations where an individual has acted in a state of automatism, where some external factor caused them to lose control and act involuntarily: Ryan v The Queen (1967) 121 CLR 205 at 213; R v Falconer (1990) 171 CLR 30 at 39.
Sane automatism identifies that there was no ‘disease of the mind’ such as a mental illness, brain injury, or tumour. Instead, sane automatism occurs when the accused loses total control and direction of their will due to things such as a concussion, sneezing, or sleepwalking.
Steps to Prove Automatism
You must prove the following to the court in order to successfully argue automatism:
1. An ‘external factor’ was the cause of your conduct
An external factor must be demonstrated as the cause of your conduct.
This includes reacting abnormally to prescribed medication, sleepwalking, an epileptic fit, a dissociative state after experiencing significant trauma, or an instance where you were concussed or ‘blacked out’.
2. You were acting involuntarily and unintentionally
You must prove that your conduct was unwilled and uncontrollable as you were not acting voluntarily. This could include experiencing a spasm, reflex, or fit.
Such involuntary instances cannot be self-induced, such as consuming more than the recommended prescription for medication as this negates the requirement for involuntariness.
3. You were not suffering from a mental illness at the time of the offence
It is important to clarify that you cannot argue mental or cognitive impairment in conjunction with automatism. If this is done, it may result in a special verdict and conviction, which can lead to indefinite detention in a psychiatric ward.
If your defence of automatism is accepted in court, you will be found ‘not guilty’ and acquitted.