Defence of Drunkenness in UK Law

  • Offences and Case Law
    • No. 23-2, April 1950
    • Police Journal: Theory, Practice and Principles
    ... ... Without her consent" The consent of a woman is a complete defence to a prosecution for rape, and in all cases of unlawful carnal ... Beard (1920) 84 J.P. 12 9, the defence of drunkenness in a case of murder came before the House of Lords. The accused ... ...
  • Recent Judicial Decisions
    • No. 54-3, July 1981
    • Police Journal: Theory, Practice and Principles
    ... ... That defence, self induced intoxication, has been clearly said to be allowable ... the trial Judge had ruled out the defence of drunkenness to the crime of arson with intent to endanger life that the Court ... ...
  • Intoxicated Mistakes about the Need for Self‐Defence
    • No. 70-1, January 2007
    • The Modern Law Review
    ... ... posi- tion at the time in the follo wing terms: [Where] a speci¢c intent is an essential element in the o¡ence, evidence of a state of drunkenness rendering the accused incapable of forming such an intent should be taken into consideration in order to determine whether he had in fact formed ... ...
  • Negligent Murder
    • No. 26-6, November 1963
    • The Modern Law Review
    ... ... Holmes and Stephen in terms of cases involving drunkenness and concludes : In one line of cases the courts hold ... where drunkenness is not generally accepted as a defence in criminal law,1s and where it is doubtful if it can ... ...
  • Courts of Appeal
    • No. 44-4, November 1980
    • Journal of Criminal Law, The
    • 0000
    ... ... or renderedthe verdicts unsafe or unsatisfactory.OPERATION OF DEFENCE OF AUTOMATISMR. v. StrippA proper foundation for the defence of automatism ... of automatism is laid by the defence, thatdefence, like drunkenness, can be ignored. What, then, is a properfoundation? In Bratty's case, Lord ... ...
  • NOTES OF CASES
    • No. 25-2, March 1962
    • The Modern Law Review
    ... ... intent, the trial judge left only the last ‘defence’ to the jury who rejected it and Bratty appealed ... F. A. MANN. INSANITY AND DRUNKENNESS PATRICK GALLAGHER was an Irishman. He was also a drunkard ... ...
  • Drunkenness and the Criminal Law
    • No. 5-2, April 1941
    • Journal of Criminal Law, The
    • 0000
    ... ... suggestive.Itis anomalousthatastate or conditionwhich may be an ingredient of an offence associatedwithapenalty may also be used as a defence in a criminal charge ;as shown below this is a comparatively late development ofEnglish lawandin ancient times it was of no avail for aprisoner to ... ...
  • REVIEWS
    • No. 30-4, July 1967
    • The Modern Law Review
    Modern Trade Union Law. By Cyril Grunfeld. The Mental Element in Crime. By Glanville L. Williams. Cases on Criminal Law. By J. W. C. Turner and A. LI. Morbid Jealousy and Murder. A Psychiatric Stud...
    ... ... is under an obligation to prove mew ren, while the defence is under no obligation to prove the so-called defeasing ... If this had been done, the defence of drunkenness in relation to objective and subjective tests of ... ...
  • REVIEWS
    • No. 45-4, July 1982
    • The Modern Law Review
    Book reviewed in this article: The Manners and Customs of the Police. By Donald Black. Modern Policing. Edited by David Watts Pope and Norman L. Weiner. Organisational Aspects of Police Behaviour. ...
    ... ... imaginative interpretations of the Constitution in defence of human or civil rights, but not to preserve the status ... of specific intent in the defence of drunkenness and regulation of the supply of drugs by pharmacists are ... ...
  • Drunkenness and the Criminal Law
    • No. 5-3, July 1941
    • Journal of Criminal Law, The
    • 0000
    ... ... 192)LarcenyAnumberof cases are recorded in which, on a chargeof larceny, the defence has beenthatdrunkenness preventedtheprisoner from formingtheintention to steal.Itis verydifficult to maintainsucha pleawhentheprisoner is foundto be ... ...
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