Automatism – A case of reality testing

Abstract

Automatism represents automatic behaviour, thereby eliminating concepts of actus rea and mens rea, as the perpetrator is not in voluntary control of his/her actions nor intent. There are ‘sane’ automatisms (due to external factors) or ‘insane’ automatisms (due to internal factors). The present case represents a situation in which both ‘sane’ and ‘insane’ automatism could be evoked but neither were applicable when the facts were critically evaluated. Having pleaded guilty to the charge of manslaughter, the accused then tried to evoke automatism at the sentence hearing, which would, if proven, have resulted in an acquittal, thereby pleading both guilt and innocence in the same trial, something dismissed by the judge.

Keywords

• Automatism
• Guilt
• Innocence
• Sane
• Insane