A-G’s Reference No. 2 [1994]
1. Facts:
• A truck driver (D) was driving for a prolonged period and steered onto the hard shoulder, killing two people in a van.
• D claimed he had been driving without awareness (automatism).
2. Outcome:
• D was initially acquitted.
• On appeal, Lord Taylor stated that automatism requires a total destruction of voluntary control, not just partial or reduced awareness.
• The acquittal was overturned.
3. Impact and Analysis:
• Total Destruction of Control: Reinforced that automatism requires a complete loss of voluntary control, narrowing its applicability.
• Driving Offences: Although nothing in the judgment explicitly restricted this approach to driving offences, Simester suggested this strict interpretation should be limited to such cases.
• Legal Precedent: Confirmed in subsequent cases like Coley (2013), maintaining the stringent criteria for claiming automatism in criminal defences.