Crime CXXXVIX– Intoxication X
With
regards to specific intent crimes, a charge of murder may be reduced to a
charge of manslaughter, in instances of self-induced intoxication because the
defendant lacked the mens rea for a conviction of murder i.e. intention to
cause death or grievous bodily harm and may have made a mistake as to the
amount of force that was exerted.
In
R v O’Connor (1991) the defendant who was drunk at the time killed a man in a
fight in a pub and according to the defendant he was acting in self-defense. He
was convicted of murder and he appealed his conviction.
On
appeal the appellant’s conviction of murder was reduced to that of manslaughter
because the appellant did not have the mens rea required for murder see
also R v O’Grady (1987).
Copyright
© 2019 by Dyarne Ward
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