The defendant lorry driver collided with cars parked on the hard shoulder of the motorway, killing two people. He pleaded in defence a non-insane automatism induced by the experience of ‘repetitive visual stimulus experienced on long journeys on straight flat roads’
Held: Driving without awareness cannot be used as a defence of automatism, where the loss of awareness was short of the total loss of voluntary control: ‘the defence of automatism requires that there was a total destruction of voluntary control on the defendant’s part. Impaired, reduced or partial control is not enough. Professor Brown [who gave expert evidence for the respondent] accepted that someone ‘driving without awareness’ within his description, retains some control. He would be able to steer the vehicle and usually to react and return to full awareness when confronted by significant stimuli.”
Judges:
Lord Taylor LCJ
Citations:
Gazette 14-Jul-1993, Ind Summary 21-Jun-1993, Times 31-May-1993, [1993] 4 All ER 683, [1993] 3 WLR 982
Statutes:
Jurisdiction:
England and Wales
Citing:
Approved – Roberts v Ramsbottom 1980
A motorist was involved in an accident when unknowingly he was suffering from a stroke and was unaware of his unfitness to drive. The court considered several criminal cases about automatism before holding: ‘I am satisfied that in a civil case a . .
Cited by:
Not followed – Mansfield and Another v Weetabix Limited and Another CA 26-Mar-1997
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 25 October 2022; Ref: scu.78003