Automatism refers to an altered state of consciousness in which a person has no awareness or control of their actions. In criminal law, automatism may be used as a full defence, or in support of a verdict known as “not criminally responsible by reason of mental disorder.” If found not criminally responsible by reason of mental disorder, a person can be forcibly committed to a hospital or other institution at the court’s discretion. A successful defence of “non-insane automatism,” alternatively, will lead to an acquittal.
Mental Disorder Automatism
If the accused’s automatism is found to be the result of a “disease of the mind,” they will be found not criminally responsible by reason of mental disorder. Diseases of the mind are internal in nature, such as a lasting psychiatric condition where the automatistic state is likely to recur. A person suffering from mental disorder automatism will not be found criminally responsible, but they may be institutionalized for the purpose of protecting the public.
Non-Mental Disorder Automatism
To establish automatism that is not the result of a disease of the mind, the defendant must show that the automatistic state was triggered by an external event, such as a blow to the head or the consumption of hallucinogenic drugs. The accused must provide expert evidence to show that, at the time of the offence, the accused’s state of consciousness was sufficiently altered as to render their actions involuntary.
Self-Induced Intoxication
Recently, the Supreme Court of Canada ruled that it is permissible to use the defence of non-mental disorder automatism where the automatistic state arose from the accused’s self-induced intoxication. This was a highly controversial ruling, however it is crucial to understand that it does not suddenly permit violent crimes such as assault or sexual assault to be excused by the mere fact that the accused was intoxicated. First, the Court noted it would only be in the rarest of cases where intoxication by alcohol alone would be sufficient to argue automatism. The accused in that case was severely intoxicated by magic mushrooms and had lost touch with reality; he could not understand or control his actions and they were thus deemed involuntary. Second, non-mental disorder automatism remains an extremely difficult defence to prove, whether the automatistic state arose from the accused’s self-induced intoxication or another external source.
If you have been charged with assault, our lawyers are available to help you 24/7. Please call us at (905) 541-2228 or fill out a free consultation form. It is imperative that we work with you as soon as possible, to build the strongest defence.