Automatism

THINGS YOU NEED TO KNOW:

1. Automatism is a legal defence against convictions of criminal offences are available in NSW.
2. Legal defences are used to justify the actions of an individual who has been accused or charged with a criminal offence.
3. Legal defences are sourced from common law, with some now incorporated into legislation.
4. Some legal defences apply to specific criminal offences, whilst other legal defences apply more broadly.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for using legal defences to obtain not guilty verdicts and the withdrawal of charges for clients charged with criminal offences.

Criminal Lawyers Group specialise in strategic approaches through legal defences to successful defend you against your criminal charges.

Our Criminal Lawyers will always provide effective legal representation that evaluates case-specific circumstances, identifies applicable defences, and presents a compelling case in court. Through the exceptional knowledge of these defences, our award-winning criminal lawyers strive to secure the best outcomes for defendants, ensuring compelling defences against criminal charges under the NSW legal system.

WHAT IS A LEGAL DEFENCE AUTOMATISM?

The defence of automatism is a complete defence that can be applied where the act or omission for which the accused is charged was involuntary due to factors beyond their control.

The case of R v Falconer (1990) establishes a general presumption that an accused’s actions are voluntary unless the defence raise the defence of automatism to a reasonable possibility. If a Judge or Magistrate determines that there is sufficient evidence for the defence to be raised, the Crown must prove beyond reasonable doubt that the relevant act was a willed and voluntary one, that is, was not the result of a condition of automatism.

Criminal Lawyers Group have successfully utilised the defence of automatism in cases where it was established the accused had been sleepwalking, had post-traumatic loss of control due to head injury, had done the act in a state of temporary or transient dissociation following severe emotional shock or psychological trauma, had done the act under the influence of an anaesthetic and done the act due to epilepsy.

The defence of automatism does not apply if the automatism was self-induced or from a mental illness, although in such circumstances other defences may apply.