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Criminal law intoxication essay
in his favour. A disease of the mind relates to a disease affecting the mental faculties of reason, memory and understanding, and cannot arise from an external cause. These categories include: Complete, partial, general, special, excusatory. Intoxication is not a defence to a crime as such, but where a person is intoxicated through drink or drugs and commits a crime, the level of intoxication may be such as to prevent the defendant forming the necessary mens rea of the crime. This phone call would not be made sober as despite wanting to, one is able to process thoughts and conclude that this is a dreadful idea! Unlike involuntary intoxication, voluntary intoxication is never a defense to a general intent crime. Consider for example the dreaded drunken phone call to an ex-partner. Only where the defendant could be shown to lack the mens rea of the offence due to his intoxicated state could he escape criminal sanction. Hill v Baxter 1958 1 All ER 193, and proposed. Other matters relating to intoxication Intoxication and Dutch Courage Where a person forms the intention to commit a crime and then drinks in order to enable them to carryout the crime, they can not then claim the intoxication prevented them from forming the mens rea. Crimes which have been categorised as being 'specific intent' crimes include: Murder: R v Lipman 1970 1 QB 152 Case summary R v O'Connor 1991 Crim LR 135 Case summary.18 GBH: R v Brown and Stratton 1997 ewca Crim 2255 Case summary The approach. 4.0 Intoxication The term intoxication is restricted to referring only to intoxication by alcohol and dangerous drugs.
Free Law Essay - Defences Mistake Intoxication - LawTeacher
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In pleading their defence the judge held that the post-traumatic stress was caused by the external factor of the rape and thus was automatism. If the defendant is charged with a basic intent crime, he is not guilty unless the prosecution can prove he was. Morgan/Majewski approach and the most that can be said is that the judges must determine this on a case-by-case basis. R v Windle 1952 2 QB 82). There are two types of automatism: Insane automatism and non-insane automatism.
the mens rea which the law requires for the crime with which he is charged. Where the defendant is charged with a crime there are several ways he can. I n law, there exist many different types of defences and one defence may fall. Debate on the topic of drink driving as a criminal off ence is intense, divided and passionate. Some scholars like, Thomas Aquinas.
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