The Pros And Cons Of Intoxication

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Intoxication is the state of being administered drugs involuntarily or voluntarily. People who are drunk usually commit a major amount of criminal offences. The human being’s mood, awareness or mindfulness can be changed by alcohol which is a drug, or any other drugs or elements, resulting in the slackening of self-consciousness and of damaging movements, responses, decision and capability to predict consequences. Although considered as a defence, intoxication is really not a defence. A drunk person will not commit the same acts when he is sober, and he cannot raise the defence of intoxication even if he is capable of creating the necessary mens rea he is accused of. ‘A drunken intent is nevertheless an intent’, this was quoted from the…show more content…
The defendant can be intoxicated by drugs or/and by alcohol. The rule that has been applied in Majewski which is founded on public policy contemplations and can be tough to elucidate in logical legal terms and is applied in the case of R v Lipman [1970] 1 QB 152 where the appellant took LSD and was hallucinating thinking he was being attacked by snakes and killed a girl by putting bed sheets inside her mouth. It was held that his intoxication showed he didn’t have mens rea for murder and his intoxication couldn’t be a defence to manslaughter as it is a basic intent crime. In a crime of basic intent, when the defendant has been intoxicated voluntarily, it is not necessary to prove he has mens rea. The test here is whether he is able to foresee the risk if he was sober. The case of Richardson & Irwin [1999] CA where following an evening’s drinking, two students lifted another student over the balcony dropping him 12 feet on the ground casing him to be injured seriously and they were guilty. Clarke LJ said that the problem was not what other people would have predicted but what the defendants themselves would have foreseen if they were
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