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In what circumstances is intoxication relevant to criminal liability?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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In what circumstances is intoxication relevant to criminal liability? The relevance of intoxication to criminal liability in English law has long been in question. It seems to me that since the landmark case of DPP V Majewski, the English law has assumed a decision on the relevance of intoxication based on policy and not the rights of the accused or the victim. I seek to show when and why intoxication is relevant to criminal liability. Firstly I will analyse voluntary intoxication defined as where, "the accused knowingly takes alcohol or some other drug or intoxicating substance or a combination of these, even though he does not know the precise nature or strength, or even though the effect of the amount taken is much greater than would have been expected." In Majewski, and later in R v Caldwell, the courts assume an immediate separating barrier for when to consider intoxication for criminal liability;...
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