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I n the past when Jack has consumed alcohol, he has assaulted his wife, Deborah. She has
warned him that if he ever does this again, she will leave him. Jack promises never to drink again,
and he starts attending Alcoholics Anonymous. Declan, Jack’s friend, fancies Deborah and wants
Jack out of the way. Declan invites Jack around to his to play on his games console. He o ers
Jack a glass of orange juice. Unknown to Jack it contains a drug which has a similar e ect to
alcohol. After a few glasses, Jack returns home. When he gets home, he deliberately starts an
argument with his wife and then punches her in the face. Deborah leaves him and then calls the
police. At the police station, Jack sobers up and admits hitting his wife, but states that he would
never have done so if he had not been secretly given a drug by Declan.
Discuss the potential criminal liability of jack with reference in particular to the case of r v
Kingston. Do you believe it is just to hold someone criminally responsible in this situation?
Jack committed actus reus of the assault when intoxicated with dangerous intoxicant (alcohol).
He was so intoxicated however, that he couldn’t form the mens rea and the intoxication was
involuntary. Therefore, for this incident, despite his past it would be unfair to hold Jack criminally
responsibly to the assault. As stated in r v Kingston, there is no principle of English law which
allows a defence based on involuntary intoxication where the defendant is found to have the
necessary mens rea for the crime. It could be established that jack had the necessary intent for
the crime-drunken intent is still an intent.
Discuss the potential criminal liability of Jack with reference in particular to the case of R v
Kingston (Barry) [1995] 2 A.C. 355; [1994] 3 W.L.R. 519; [1994] 3 All E.R. 353; (1994) 99 Cr. App.
R. 286; (1994) 158 J.P. 717; [1994] Crim. L.R. 846 (HL) (read the case). Do you believe it is just to
hold someone criminally responsible in this situation? Decide whether in the following scenarios
the defence is likely to be successful?
2. John wakes up to an intruder in his house. He takes a shotgun, which he legally owns, goes
down stairs, and shoots the intruder once in the back. The intruder dies. Is private defence likely
to be successful here?
Excessive forced used
Wanda starts to su er from paranoid delusions caused by an underlying mental health condition.
She comes to believe that her atmate is an alien from mars. Wanda smothers her atmate with a
pillow in the middle of the night fearing what the alien might do to her. Is the insanity defence
likely to be successful here?
Yes
Richard voluntarily ingests an illegal drug. He becomes highly intoixcated and begins to su er
from delusions this causes Richard to wrong believe that his best friend Declan is a giant snake
who will eat him. Richard takes a metal bar and beats Richard to death. Can Richard rely on a
defence of insanity?
No
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