A defendant will also be considered involuntarily intoxicated if the drug he has taken is not considered dangerous. The court in R v Hardie [1985] 1 WLR 64 held that drugs are divided into two categories. Where it is common knowledge that a drug is liable to cause the taker to [...], that drug is to be classed with alcohol. Where there is no such common knowledge, e.g. a merely soporific or sedative drug, different rules apply. In this case D took Valium, belonging to his girlfriend. Later he started a fire and said, when charged with criminal damage, that he had no mens rea because of the Valium. He was convicted as the judge directed the jury that drugs were to be treated as drink and the Majewski rules applied (see section 7.1.2.2). The Court of Appeal allowed his appeal on the basis that the Valium was taken for calming the nerves, and there was no evidence that the appellant knew it would make him aggressive or incapable of appreciating risks to others or other side effects, so as to make its administration itself reckless.
Answer
become aggressive, or to do dangerous or unpredictable things
Tags
#crime #defences #law
Question
A defendant will also be considered involuntarily intoxicated if the drug he has taken is not considered dangerous. The court in R v Hardie [1985] 1 WLR 64 held that drugs are divided into two categories. Where it is common knowledge that a drug is liable to cause the taker to [...], that drug is to be classed with alcohol. Where there is no such common knowledge, e.g. a merely soporific or sedative drug, different rules apply. In this case D took Valium, belonging to his girlfriend. Later he started a fire and said, when charged with criminal damage, that he had no mens rea because of the Valium. He was convicted as the judge directed the jury that drugs were to be treated as drink and the Majewski rules applied (see section 7.1.2.2). The Court of Appeal allowed his appeal on the basis that the Valium was taken for calming the nerves, and there was no evidence that the appellant knew it would make him aggressive or incapable of appreciating risks to others or other side effects, so as to make its administration itself reckless.
Answer
?
Tags
#crime #defences #law
Question
A defendant will also be considered involuntarily intoxicated if the drug he has taken is not considered dangerous. The court in R v Hardie [1985] 1 WLR 64 held that drugs are divided into two categories. Where it is common knowledge that a drug is liable to cause the taker to [...], that drug is to be classed with alcohol. Where there is no such common knowledge, e.g. a merely soporific or sedative drug, different rules apply. In this case D took Valium, belonging to his girlfriend. Later he started a fire and said, when charged with criminal damage, that he had no mens rea because of the Valium. He was convicted as the judge directed the jury that drugs were to be treated as drink and the Majewski rules applied (see section 7.1.2.2). The Court of Appeal allowed his appeal on the basis that the Valium was taken for calming the nerves, and there was no evidence that the appellant knew it would make him aggressive or incapable of appreciating risks to others or other side effects, so as to make its administration itself reckless.
Answer
become aggressive, or to do dangerous or unpredictable things
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Open it voluntarily intoxicated if the drug he has taken is not considered dangerous. The court in R v Hardie [1985] 1 WLR 64 held that drugs are divided into two categories. Where it is common knowledge that a drug is liable to cause the taker to <span>become aggressive, or to do dangerous or unpredictable things, that drug is to be classed with alcohol. Where there is no such common knowledge, e.g. a merely soporific or sedative drug, different rules apply. In this case D took Valium, belongi
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