The principle of intoxication allows the defendant to use evidence of his intoxication to show that [...]. Strictly speaking, it is not a defence, but many practitioners and academics refer to it in that way. Since the leading case on the burden of proof, Woolmington [1935] AC 462, it has been clear that the prosecution need to prove, beyond reasonable doubt, that the defendant has committed the actus reus with the necessary mens rea. If, due to intoxication, the defendant did not form the necessary mens rea, then under certain circumstances (explored later in this chapter) the defendant will be entitled to a full acquittal.
Answer
he did not form the necessary mens rea for the offence
Tags
#crime #defences #law
Question
The principle of intoxication allows the defendant to use evidence of his intoxication to show that [...]. Strictly speaking, it is not a defence, but many practitioners and academics refer to it in that way. Since the leading case on the burden of proof, Woolmington [1935] AC 462, it has been clear that the prosecution need to prove, beyond reasonable doubt, that the defendant has committed the actus reus with the necessary mens rea. If, due to intoxication, the defendant did not form the necessary mens rea, then under certain circumstances (explored later in this chapter) the defendant will be entitled to a full acquittal.
Answer
?
Tags
#crime #defences #law
Question
The principle of intoxication allows the defendant to use evidence of his intoxication to show that [...]. Strictly speaking, it is not a defence, but many practitioners and academics refer to it in that way. Since the leading case on the burden of proof, Woolmington [1935] AC 462, it has been clear that the prosecution need to prove, beyond reasonable doubt, that the defendant has committed the actus reus with the necessary mens rea. If, due to intoxication, the defendant did not form the necessary mens rea, then under certain circumstances (explored later in this chapter) the defendant will be entitled to a full acquittal.
Answer
he did not form the necessary mens rea for the offence
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Open it The principle of intoxication allows the defendant to use evidence of his intoxication to show that he did not form the necessary mens rea for the offence. Strictly speaking, it is not a defence, but many practitioners and academics refer to it in that way. Since the leading case on the burden of proof, Woolmington [1935] AC 462, it has
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