Crime CXXVIII – Intoxication IV
In
order to decide whether intoxication should avail itself to the defendant on
otherwise the court or the jury should take into account all the evidence that
is made available to them as per s.8 of the Criminal Justice Act 1967 which
reads as follows: -
Proof
of Criminal Intent
A
court or jury, in determining whether a person has committed an offence –
(a)
shall not be bound in law to infer that he intended or foresaw a result of his
actions by reason only of its being a natural and probable consequence of those
actions; but
(b)
shall decide whether he did intend or foresee that result by reference to all
the evidence, drawing such inferences from the evidence as appear proper in the
circumstances.
In
R v Lipman (1969) the accused was high on LSD and was hallucinating at the
time. He was, as far as he was concerned, battling serpents somewhere and
unwittingly stuffed bed sheets into the mouth of a little girl who died as a
result. The accused was charged with murder.
The
court decided that the accused was not guilty of murder because he neither had
the intention to kill prior to committing the act or at the time of committing
the act. However, he had still taken the life of another and he was convicted
of the offense of manslaughter.
It
is worth comparing the decision in Attorney-General of Northern Ireland v
Gallagher (1961) with the decision in R v Lipman (1969) and we can come to
the conclusion that whether a defendant is adjudged guilty of murder or
manslaughter depends on whether there is criminal intent or otherwise and when
that criminal intent is formed. If the intention to kill was formed prior to
the defendant becoming intoxicated than the chances are high that the defendant
would be convicted of murder and it is possible to say with some degree of
certainty that the act was done with malice aforethought.
Copyright
© 2019 by Dyarne Ward
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