The prisoner was indicted for the murder of his wife. It was proved, that, in a fit of drunkenness, he had beaten her in a cruel manner with a rake-shank, and that she died of the wounds and bruises which she received. His only defence was that he was drunk.
Held: Park J said: ‘Voluntary drunkenness is no excuse for crime. If a party be made drunk by stratagem, or the fraud of another, he is not responsible. So, drunkenness may be taken into consideration to explain the probability of a party’s intention in the case of violence committed on sudden provocation . . If a party be made drunk by stratagem, or the fraud of another, he is not responsible’.
Judges:
Park J
Citations:
(1835) 2 Lew CC 144
Cited by:
No longer good law – 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. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 01 May 2022; Ref: scu.272892
