Automatism Masterclass: Sexsomnia, Insanity and other Challenges (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters

Professor Warren Brookbanks LLD, Law School, AUT

Professor Ian Freckelton AO KC, Law School, University of Melbourne

Professor Ronnie Mackay, Law School, De Montfort University, United Kingdom

Dr Tony Fernando, Psychiatrist and Sleep Specialist

Chair: Julie-Anne Kincade KC, Augusta Chambers

Synopsis

The defence of automatism is rarely used in Aotearoa New Zealand but it has developed over time and continues to evolve. Now categorised into different types, but distinct from other defences such as insanity, an automatism argument can arise in a wide range of cases including violence and sexual violence. 

In this paper, visiting academics Professor Ronnie Mackay, the UK’s leading academic expert on mental state defences, and Professor Ian Freckelton, Australia’s leading authority on mental health law, and New Zealand’s own Professor Warren Brookbanks, an internationally recognised authority in criminal law, criminal justice and mental health law, together with psychiatrist and sleep specialist Dr Tony Fernando, an expert in sleep automatism, will delve into issues around the automatism defence, including the defence of sexsomnia and reform proposals currently in train in the England and Wales. Don’t miss this rare opportunity to hear from our panel of experts on this subject.

These Materials will help you:

• Refresh and update your knowledge of the defence of automatism.
• Gain a deeper understanding of the defence of sexsomnia and how it is playing out in cases in New Zealand and overseas.
• Gain insights into the proposals for reform of the defence in the English Law, and how those might impact our own law.

Intended Audience

All those practising in Criminal law and Parole law. Other professionals working in this area, such as communication assistants, psychiatrists and psychologists, might find it valuable.