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Voluntary Intoxication In English Law
Voluntary intoxication, where a defendant has wilfully consumed drink or drugs before committing acts which constitute the prohibited conduct ('' actus reus'') of an offence, has posed a considerable problem for the English criminal law. There is a correspondence between incidence of drinking and crimes of violence, such as assaults and stabbings. Accordingly, there is a debate about the effect of voluntary intoxication on the mental element of crimes, which is often that the defendant foresaw the consequences, or that they intended them. In dealing with this issue and balancing theoretical problems with public policy issues, the English law has categorised offences into two categories, those of basic intent and those of specific intent. In the latter, the defendant's intoxication will be directly relevant in forming the necessary intent. In the former, the picture is more complicated and unclear, although it is known that intoxication will not provide a defence where recklessness ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
(), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in the common law−based criminal law jurisdictions of England and Wales, Canada, Australia, India, Kenya, Pakistan, Philippines, South Africa, New Zealand, Scotland, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States, some crimes also require proof of attendant circumstances and/or proof of a required result directly caused by the . Definitions The terms and developed in English law are derived from the principle stated by Edward Coke, namely, ("an act does not make a person guilty unless (their) mind is also guilty"); hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness in conjugation of thought () and action (). In order for an to be committed ther ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |