KembaraXtra-Case Law- T (1990) CC - Automatism Defence
I. Case Background

• Defendant (D): Arrested and charged with armed robbery.
• Co-defendants: Two men.
• D's State on Arrest:
  • Passive and indifferent.
  • Limited recollection of preceding events.

II. Subsequent Revelations & Diagnosis

• Prior Trauma: D had been raped three days before her arrest.
• Psychiatric Diagnosis:
  • Post-traumatic stress disorder (PTSD).
  • Dissociative state.
  • Offence committed during a psychogenic fugue.
  • Not acting with a conscious mind or will.

III. Legal Arguments

• Defence: D pleaded automatism.
• Prosecution's Contention:
  • D recalled some events surrounding the crime.
  • Exercised partial control (e.g., using a weapon).

IV. Court's Holding and Rationale

• Novelty of the Case: First instance where rape was the 'external' event causing mental malfunction.
• Sufficiency of Triggering Event:
  • A rape would have a severe effect on any young woman.
  • Therefore, rape would suffice as the external triggering condition.
• Nature of Mental Malfunction:
  • Malfunction due to post-traumatic stress disorder (PTSD).
  • NOT a disease of the mind (crucial for automatism vs. insanity).
• Degree of Control:
  • Acknowledged only partial loss of control throughout the incident.
  • However, D acted "as if she were in a dream."
• Conclusion: The defence of automatism could rightly be put before the jury.