''R v Leary'',
978
Year 978 ( CMLXXVIII) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated ...
1 S.C.R. 29, is the leading
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
decision on the use of
intoxication
Intoxication — or poisoning, especially by an alcoholic or narcotic substance — may refer to:
* Substance intoxication:
** Alcohol intoxication
** LSD intoxication
** Toxidrome
** Tobacco intoxication
** Cannabis intoxication
** Cocaine i ...
as an
excuse
In jurisprudence, an excuse is a defense to criminal charges that is distinct from an exculpation. Justification and excuse are different defenses in a criminal case (See Justification and excuse).Criminal Law Cases and Materials, 7th ed. 2012 ...
to criminal
liability which created what is known as the "Leary rule". The Court held that when the accused was found to be sufficiently intoxicated at the time of the offence to be unable to form the "minimal mental element" required for a general intent offence, they may still be held liable as the act of inducing intoxication can be substituted for the requirement of ''
mens rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
''.
Aftermath
The "leary rule" was later challenged in the case of ''
R v Daviault ''R v Daviault'' 9943 S.C.R. 63, is a Supreme Court of Canada decision on the availability of the defence of intoxication for "general intent" criminal offences. The Leary rule which eliminated the defence was found unconstitutional in violation of ...
'', where an exception to the rule was made for when the accused was so intoxicated he was in a state akin to automatism.
See also
*
List of Supreme Court of Canada cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the deci ...
* ''
R v George''
External links
full text at CanLII.org
Supreme Court of Canada cases
Supreme Court of Canada case articles without infoboxes
1978 in Canadian case law
Canadian criminal case law
Alcohol law in Canada
{{Canada-law-stub