What is the effect of a learned trial judge's failure to give credence to the defence of automatism?
Saskatchewan, Canada
The following excerpt is from R. v. Prouse, 1986 CanLII 2993 (SK QB):
With respect to counsel’s submission that the learned trial judge erred in law by failing, as alleged, to give credence to the defence of automatism, I point out for the information of counsel that whether or not, at the time the appellant left the scenes of the accident he was in a state of automatism to such an extent as not to be legally responsible for his acts is a question of fact: Bleta v. R-, 1964 CanLII 14 (SCC), [1964] S.C.R. 561.
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