A Level Law Practice Exam

What is the required degree of impairment of conscious control for automatism, according to the Attorney-General's Reference?

1. Any degree of impairment is sufficient

2. A partial degree of control is acceptable

3. A total degree of impairment is necessary

4. Complete memory loss indicates automatism

The correct answer is: A total degree of impairment is necessary

In the context of automatism, the required degree of impairment of conscious control is indeed aligned with the necessity of a total degree of impairment. The ruling in the Attorney-General's Reference established that for a defendant to successfully argue automatism as a defense, there must be an absence of conscious control over actions. This means that the individual was unable to exert any control over their movements or decisions due to a condition that affects their mental state, such as a seizure or sleepwalking. This total impairment distinguishes automatism from other defenses that may involve a partial loss of control, where an individual may still be somewhat aware of their actions but unable to fully control them. The legal principles derived from the case law emphasize that complete unconsciousness or lack of control is essential to qualify for an automatism defense. This understanding helps to clarify the threshold that must be met in legal situations, emphasizing the need for a total absence of voluntary control to effectively argue automatism. Consequently, this requires a clear demarcation from cases where partial control may still exist or where memory loss does not equate to a lack of control over one's actions.