The defendant took a cocktail of drink and drugs and, whilst intoxicated, assaulted pub landlord. He said that he did not know what he was doing, and had no mens rea, that self-induced intoxication could be a defence to a charge of assault, and that the judge had misdirected the jury on the issue.
Held: The appeal failed. Whilst it is not blameworthy to do something involving a risk of injury to another if one genuinely does not perceive the risk, self-induced intoxication which destroys such a perception is not a sufficent defence in law. ‘A specific intent requires something more than contemplation of the prohibited act and foresight of its probable consequences. The mens rea in a crime of specific intent requires proof of a purposive element.’ The intoxication was the defendant’s own voluntary and reckless act, and set a mens rea for crimes of basic intent.
Lord Simon of Glaisdale, Lord Elwyn-Jones, Lord Kilbrandon, Lord Salmon, Lord Edmond-Davies, Lord Russell of Killowen, Lord Diplock
[1977] AC 443, [1976] 2 All ER 1542, [1976] UKHL 2
Bailii
Criminal Justice Act 1967 8
England and Wales
Citing:
Appeal from – Director of Public Prosecutions v Majewski CACD 1975
The defendant appealed against his conviction for assault saying that he was so intoxicated on drink and drugs at the time that he did not have mens rea.
Held: The appeal failed. The court certified a question for the House of Lords namely: . .
Cited – Regina v Tolson CCR 11-May-1889
Honest and Reasonable mistake – No Bigamy
The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief.
Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably . .
Cited – Regina v Morgan HL 30-Apr-1975
The defendants appealed against their convictions for rape, denying mens rea and asserting a belief (even if mistaken) that the victim had consented.
Held: For a defence of mistake to succeed, the mistake must have been honestly made and need . .
Cited – Director of Public Prosecutions v Beard HL 1920
The accused raped a girl aged thirteen whilst he was drunk. He placed his hand over her mouth to stop her screaming, but without any intention of injuring her. He caused her death by suffocation, and was convicted of murder. It was argued on his . .
Cited – Regina v Venna CACD 31-Jul-1975
An assault is an act by which the defendant intentionally or recklessly causes the complainant to apprehend immediate, or to sustain, unlawful personal violence. The jury ought to be directed that the defendant cannot be guilty of an assault unless . .
Cited – Bratty v Attorney General of Northern Ireland HL 3-Oct-1961
The Court of Criminal Appeal of Northern Ireland certified that their decision involved two points of law of general public importance, namely whether, the defendant’s plea of insanity having been rejected by the jury, it was open to the accused to . .
Cited – Attorney-General for Northern Ireland v Gallagher HL 1961
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
Cited – Director of Public Prosecutions v Smith HL 1960
The defendant tried to avoid arrest and killed a policeman by driving off with the policeman clinging to the car.
Held: (1) The defendant committed murder because death or grievous bodily harm was foreseen by him as a ‘likely’ result of his . .
Cited by:
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Jaggard v Dickinson QBD 1980
The defendant broke two windows and damaged a curtain in the house of a stranger. She was drunk. She was charged under the 1971 Act, but she raised her honest but drunken and mistaken belief that the house belonged to a friend who would have . .
Cited – Regina v O’Grady CACD 1987
The defendant and his associate drank substantial quantities of cider. They then fought and the defendant killed the associate. His defence was that he mistakenly thought his friend was attacking him. He appealed his conviction for manslaughter.
Cited – Regina v Hatton (Jonathan) CACD 26-Oct-2005
The defendant appealed his conviction for murder saying that his defence of having killed by virtue of a mistake which arose from his self-induced intoxication should have been allowed.
Held: The appeal failed. It had been argued that the . .
Cited – Regina v Kingston CACD 10-May-1993
The defendant and a co-accused had sexually assaulted a boy. He appealed saying that the co-defendant had secretly administered drugs to him.
Held: The appeal succeeded. Involuntary intoxication can be a sufficient defence to a criminal . .
Cited – Regina v Kingston HL 22-Jul-1994
Involuntary Intoxication not a General Defence
The prosecutor appealed an acquittal on appeal of the defendant for sexual assault, saying that he had not had the necessary intent because of intoxication through drink and drugs. He said that a co-defendant had secretly administered drugs to him. . .
Cited – Achogbuo, Regina v CACD 19-Mar-2014
The Court considered a renewed application for leave to appeal which the Registrar had considered to be without merit and was referred under section 20 of the 1968 Act.
Held: The reference had been properly made. The application for extension . .
Cited – Regina v Daniel CACD 1977
The applicant renewed his application for leave to appeal, which had been refused by the single judge. He instructed solicitors who wrote to the court to advise that they intended to instruct Counsel on the renewed application. Due to an . .
Cited – Yasain, Regina v CACD 16-Jul-2015
The Court was asked as to the powers of the Court of Appeal Criminal Division to re-open an appeal to correct an error which is said to have caused real injustice in that the error led to the quashing of a sentence lawfully imposed in the Crown . .
Lists of cited by and citing cases may be incomplete.
Crime
Leading Case
Updated: 02 November 2021; Ref: scu.186842
