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KembaraXtra – Legal Terms – Non-Insane Automatism
Non-insane automatism refers to involuntary conduct caused by an external factor where the defendant is not suffering from legal insanity.
A person acting in such a state lacks conscious control over their actions and therefore may not be criminally liable because the conduct was not voluntary.
Examples include actions performed while suffering from concussion, reflex movements, hypnotic states, spasms, or certain medical conditions such as a diabetic hypoglycaemic episode.
The defence is only available where the automatism was not self-induced and where the defendant did not knowingly fail to take reasonable steps to prevent the condition.
If established successfully, non-insane automatism results in a complete acquittal because the essential voluntary element of the offence is absent.
Non-insane automatism refers to involuntary conduct caused by an external factor where the defendant is not suffering from legal insanity.
A person acting in such a state lacks conscious control over their actions and therefore may not be criminally liable because the conduct was not voluntary.
Examples include actions performed while suffering from concussion, reflex movements, hypnotic states, spasms, or certain medical conditions such as a diabetic hypoglycaemic episode.
The defence is only available where the automatism was not self-induced and where the defendant did not knowingly fail to take reasonable steps to prevent the condition.
If established successfully, non-insane automatism results in a complete acquittal because the essential voluntary element of the offence is absent.
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