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Tuesday, June 7, 2011

Intoxication

Intoxication
· involuntary intoxication (as when someone unwittingly takes a drink to which a
drug has been added) or automatism occurring as a side-effect to medical treatment,
constitutes a valid defence
· self-induced intoxication is not a defence unless:
1. it is itself evidence of ‘disease of the mind’ under the McNaghten rules or
2. it is evidence of lack of intent in relation to those crimes for which ‘specific
intent’ must be proved (e.g. murder, theft, and burglary)
· intoxication has been accepted as a reason for diminished responsibility (Dingwall
1857) and for reducing murder charge to culpable homicide

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