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 ground. While the Appellate Committee always pays close attention to the formulation of questions certified by the Court of Appeal, it is not bound by the terms of the certification: ‘one thing which this House considers in deciding whether to give leave in a civil case is whether the case involves a point of law which ought to be considered by this House. But once leave is given this House can and does consider other points as well. Sub-section (2) could well mean that, whereas in civil cases the existence of such a point is only one element, though an important element, in deciding whether to give leave, in criminal cases it is an indispensable element.’
Lord Denning said: ‘ the general principle of English law that, subject to very limited exceptions, drunkenness is no defence to a criminal charge, nor is a defect of reason produced by drunkenness. This principle was stated by Sir Matthew Hale in his Pleas of the Crown, I, page 32, in words which I would repeat here: ‘This vice’ [drunkenness] ‘doth deprive men of the use of reason, and puts many men into a perfect,’ but temporary phrenzy. . By the laws of England such a person shall have no privilege by this voluntary contracted madness, but shall have the same judgment as if he were in his right senses.’
Lord Reid, Lord Denning, Lord Goddard, Lord Tucker, Lord Morris of Borth-y-Gest
[1961] 3 All ER 299, [1961] UKHL 2, [1963] AC 349
Bailii
Appellate Jurisdiction Act 1876, Administration of Justice Act 1960 1(1)
England and Wales
Citing:
Cited – Milne and Others v Commissioner of Police for City of London HL 1940
The House is not bound on an appeal brought pursuant to a certificate granted under section 1(6) of the 1907 Act to limit the appeal to the certified point. Lord Atkin discussed the 1907 Act: ‘I mention the section in order to support the view that . .
Cited by:
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited – Ceredigion County Council v Jones and others HL 23-May-2007
The parties had disputed the provision of free travel to school, and permission had been granted for a leapfrog appeal direct to the House of Lords. The Council then sought instead to take the matter to the Court of Appeal. The claimants said that . .
Followed – 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 – Director of Public Prosecutions v Majewski HL 1976
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 . .
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 – HH v Deputy Prosecutor of The Italian Republic, Genoa SC 20-Jun-2012
In each case the defendant sought to resist European Extradition Warrants saying that an order would be a disporportionate interference in their human right to family life. The Court asked whether its approach as set out in Norris, had to be amended . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.188786