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Words: | Submitted: Tue Nov 04 2003
... the ability to judge between right and wrong or that he did something whilst being drunk which he would not ever do had he been sober. There are two categories of intoxication, the first of which is voluntary intoxication, this is where the defendant chooses or knowingly takes a substance knowing it will cause him to become intoxicated, this depends on what mens rea is required for the offence the defendant is charged with. The defendant is not liable if taking a substance for medical reasons or taking a non dangerous drug such as a sedative. Voluntary intoxication is divided into two types: offences committed such as murder, criminal damage with intent to endanger lives, Sec 18, 24 of Offences Against the Person Act 1861(OAPA) and Sec 1, 8, 9 of The Theft Act 1968 are offences which require the mens rea of intention, these offences are known as specific intent ...
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