Crime CXXXVII– Intoxication XIII
With
regards to alcoholism, in order for it to be defense or to be considered or
regarded as a defense, the disease must rob the victim of the ability to
resist. If the defendant still retains the ability to resist than the taking of
the intoxicant would be deemed voluntary and the rules with regards to
self-intoxication would apply.
The
impairment caused by repeated drinking must be so substantive that it has
robbed the defendant of the ability to reason and has caused “gross impairment
to her judgement and emotion responses” – Watkins LJ.
Whether
the alcoholism has deprived the defendant of the ability to reason or has
caused gross impairment to her judgement and emotion responses, will depend on
the medical evidence that is produced during the trial.
In
R v Tandy (1989) the accused strangled her 11-year-old daughter to death after
she complained to the accused that she had been sexually abused by her
stepfather. The accused had been drinking heavily just prior to the incident
and at the time of the incident she was very drunk. The accused was tried and
convicted for murder. The accused appealed but the appeal was dismissed.
In
assessing whether the defense of diminished responsibility can be successfully
raised there are two principles to be considered. Firstly, if there are no
other factors to be considered, unequivocal and un-contradictory medical
evidence favorable to the accused should be accepted and the direction to the
jury should be as such and secondly when there are other factors to be
considered the medical evidence though unequivocal and un-contradictory should
be considered in light of those factors or those circumstances.
Copyright
© 2019 by Dyarne Ward
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