A Level Law (Criminal) Assignment 10 - Automatism
Task
You will be set one of the following questions:
1. Lord Denning described automatism in Bratty v A-G for Northern Ireland (1963) as '…an act which is done by the muscles without any control by the mind such as a spasm, a reflex or a convulsion; or an act done by a person who is not conscious of what he is doing, such as an act done whilst suffering from concussion, or whilst sleepwalking.'
Evaluate the accuracy of this statement by reference to the circumstances in which the courts have recognised the defence of automatism.
(June 2001)
or
2. Roger, while playing football, receives concussion following an accidental clash of heads with another player. Roger has to leave the game and, whilst walking back to the dressing room in an impaired state of consciousness, strikes Steve, the opposing team's manager, in the face, causing a severe fracture of the jaw. Steve is taken to hospital, while Roger is treated by the club doctor. He tells Roger that the concussion will pass in a day or two but, meanwhile, he should refrain from drinking alcohol of any sort as this will greatly increase the risk of erratic behaviour.
Later that evening, Roger visits his local pub and consumes four pints of beer and two small whiskies. He becomes confused and aggressive and throws his glass at the wall causing it to shatter. When Harry the barman tries to calm him down, Roger punches him in the mouth causing minor bruising.
Consider Roger's criminal liability.
(June 1996)
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