Automatism

Start here - did D suffer a total

destruction of self-control? external
factor

Yes
Is D charged with a spectific
intent crime?

Yes
D may be pemitted
to plead defence of
automatismc

Does D suffer fr
mind that sub
respnsibi

No
Yes
Was D reckless in causing
himself to be in a state of
automatism?

D may be denied the defence

of automatism on the grounds
of prior fault -- see R v
Bailey[1983]

Has D been charged

with murder?

Yes

No
D may be permitted to plead
the defence of automatism

Yes
D should plead
diminished
respnsibility

No
Does D suffer from an abnormality of the
mind that substantianlly impaired his
respnsibility for his actions?

No
Has D been charged
with murder?

No

D should plead
diminished
respnsibility

D has no substantive
defence

D has no substantive defence

but should use evidence of
insanity to deny mens rea
where appropriate