As dangerous driving under the Road Traffic Act 1930 was an offence of strict liability, lack of mens rea would not be enough to exculpate him. He was instead hoping to rely on the defence of automatism, a narrow category of its own class distinct from insanity. Lord Goddard CJ ruled sometimes "the driver would be in such a state of unconsciousness that he could not be said to be driving." This is in effect a denial of actus reus. However, he found that the accused had simply fallen part-asleep. As this was something he had substantial control over, being presumed to have been aware that he was tired, he found that he was reckless in continuing to drive, he then quoted Humphreys in "Kay v Butterworth" (1945) and resurrected the now-famous analogy of a swarm of bees attacking the driver, in which case the driver would not have been held liable.