ABSTRACT
The automatism defence is essentially intertwined with the insanity defence. The insanity defence in England was introduced at the inception of the common law. The basis of the legal defence of automatism is the requirement in the common law for a voluntary act. The driving cases have required that there be a "total loss of voluntary control". Although this might seem to clearly define legal automatism, it is problematic because of the difficulties in defining "voluntary". There is debate over whether or not the insanity defence is available for strict liability offences, due to conflicting case law. The main bars to the defence of automatism are prior fault, voluntary intoxication, and a disease of the mind. The automatism was first used in the case of Harrison-Owen, where it was suggested that the defendant carried out a burglary in a "state of automatism".
