Automatism and intoxication defences in Australia

KEY TAKEAWAYS

A person is not criminally responsible for an act that was caused by non-self-induced intoxication. Self-induced intoxication is not a defence to a crime including murder or manslaughter. The two types of automatism defences are, 'sane automatism' and 'insane automatism'. Automatism is an involuntary act and can result in an acquittal.

In contrast, the separate defence of mental illness now called mental health or cognitive impairment defence will result in a special verdict of 'act prove but not criminal responsible' which does not necessarily result in the defendant walking free. He or she may then be detained indefinitely under strict conditions until released by 'due process of law' as a forensic patient under the supervision of the Mental Health Review Tribunal who will conduct reviews for the continued detention, care and treatment until a decision is made to release with or without conditions.