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Intoxication (Voluntary (Majewski (D assaulted 3 people in a fight in pub…
Intoxication
Voluntary
Majewski
D assaulted 3 people in a fight in pub then one PC who attend the scene then 2 more officers at the police station. His defence was that he had been drinking and taken drugs and had no intention to commit the acts which he did. Guilty.
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Richardson & Irwin
Dropped a student off a balcony when drunk. Were convicted of s20, however, were acquitted as they did not realise the risk not intended harm.
Lipman
D and his girlfriend V each took a quantity of LSD. During his "trip", D imagined he was being attacked by snakes and had to defend himself; in doing so, he actually killed V by cramming eight inches of sheet down her throat. Guilty but not sure that he had the necessary intention, being intoxicated, but convicted of manslaughter.
Beard
D whilst drunk raped 13 yr girl; he placed his hand upon her mouth to stop her from screaming. She died of suffocation. Guilty.
Hattan
D beat the deceased to death with a sledgehammer after drinking over 20 pints of beer His recollection of events was unclear but he believed that he was under attack. But, he was mistaken (due to being intoxicated). Guilty.
Involuntary
Ross v Lord Advocate
Friend put LSD in can as a joke; he then stabbed someone. Since his drink was spiked it was involuntary intoxication, therefore, acquitted.
Hardie
D started a fire in a friend's flat after taking valium (not prescribed for him). Not guilty due to adverse reaction.
Kingston
D indecently assaulted a 15-year-old boy. D claimed that he had no recollection of the assault, as his drink had been spiked. Guilty as formed MR.
Allen
D drank some home made wine, not knowing its strength. He then committed an appalling indecent assault on his neighbour. Guilty.
Eatch
Smoked cannabis and had a drink (that was spiked). He then committed an offence. Not-guilty as it was involuntary intoxication that caused the offence.
Bailey
D seriously injured V with an iron bar. He took insulin and drank some sugared water but he had nothing to eat (self-induced). D claimed he acted in a state of automatism caused by hypoglycaemia. Guilty in view of his knowledge of the likely results of his actions.