Crime CXXXVIX– Intoxication X

With regards to specific intent crimes, a charge of murder may be reduced to a charge of manslaughter, in instances of self induced intoxication because the defendant lacked the mens rea for a conviction of murder i.e. intention to cause death or grievous bodily harm and may have made a mistake as to the amount of force that was exerted.

In R v O’Connor (1991) the defendant who was drunk at the time killed a man in a fight in a pub and according to the defendant he was acting in self-defense. He was convicted of murder and he appealed his conviction.

On appeal the appellant’s conviction of murder was reduced to that of manslaughter because the appellant did not have the mens rea required for murder see also R v O’Grady (1987).

Copyright © 2018 by Dyarne Ward

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