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Intoxication - The Legal Viewpoint. Intoxication by drink or by drugs - the criminal law makes no distinction - is no defence in itself, but has frequently to be considered either as leading to a lack of mens rea or as the cause of a mistake that may offer a defence. The law is unsympathetic towards those who injure others or their property while under the influence of drink or drugs taken voluntarily, and rightly so considering the very large number of crimes that are alcohol- or drug-related. A number of studies have shown that between half and two-thirds of the perpetrators of homicide, assault and rape had been drinking (and that a large proportion of these were seriously intoxicated) at or just before the time of the offence. Alcohol is associated with up to 70 per cent of homicides and serious assaults, and with 50 per cent of fights or...

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