Medico-legal evaluation of sleep-related automatism

Abstract

Lord Denning defines legal automatism in Bratty v A-G for Northern Ireland as:. .. an act which is done by the muscles without any control by the mind, such as a spasm, a reflex action, or a convulsion; or an act done by a person who is not conscious of what he is doing, such as an act done while suffering from concussion or while sleepwalking. 1 Fenwick provides a comprehensive medico-legal definition of automatism: An automatism is an involuntary piece of behaviour over which an individual has no control. The behaviour is usually inappropriate to the circumstances, and may be out of character for the individual. It can be complex, coordinated and apparently purposeful and directed, though lacking in judgment. Afterwards the individual may have no recollection or only a partial and confused memory for his actions. In organic automatisms there must be some disturbance of brain function sufficient to give rise to the above features. 2

Sleep in a legal context: The role of the expert witness

“…And you get people arguing over things that are totally irrelevant, and the jury, how can they be expected to sort through all of this testimony about sleep studies, when in fact the sleep studies should not be allowed in the courtroom because they're irrelevant. 35 However, the majority of British experts feel they have a role in corroboration. There is considerable debate over whether sexsomnia is a distinct entity.…”

“…And you get people arguing over things that are totally irrelevant, and the jury, how can they be expected to sort through all of this testimony about sleep studies, when in fact the sleep studies should not be allowed in the courtroom because they’re irrelevant. 35…”