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Intoxication and legal defences

  • Quazi Haque and Ian Cumming

Abstract

Intoxication with alcohol and drugs is commonly associated with criminal offending. The relationship between intoxication and criminal culpability is complex and may be of psychiatric relevance, especially if a mental condition legal defence is being considered. This article outlines the legal issues (such as they apply in England and Wales) of which psychiatrists should be aware when preparing medico-legal opinions about mentally disordered offenders.

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References

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Fischer, B. & Rehm, J. (1998) Intoxication, the law and criminal responsibility – a sparkling cocktail at times. European Addiction Research, 4, 89101.
Gough, S. (2000) Surviving without Majewski? Criminal Law Review, (Sep.), pp. 719733.
Law Commission (1992) Intoxication and Criminal Liability. Consultation Paper No. 127, London: Stationery Office.
Mackay, R. D. (1995) Mental Condition Defences in the Criminal Law, pp. 180214. Oxford: Clarendon Press.
Mackay, R. D. (1999) Crim LR 105 at 121.
Smith, J. C. & Hogan, B. (1996) Criminal Law (8th edn.), pp. 221223. London: Butterworths.
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A-G for Northern Ireland v Gallagher [1963] AC 349.
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Brennan v HM Adv. [1977] Scots Law Times 151.
DPP v Beard [1920] AC 479 (64).
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Jaggard v Dickinson [1981] QB 527, [1980] 3 All ER 716, DC.
Kingston [1994] 3 All ER 353, HL.
Ruse v Read [1949] 1 KB 377.
R v Caldwell [1982] AC 341, [1981] 1 All ER 961.
R v Durante [1972] 1 WLR 1612.
R v Fotheringham [1989] 88 Cr App R 206.
R v Lipman [1969] 3 All ER 410.
R v Lipman [1970] 1 QB 152, CA.
R v O'Grady [1987] QB 995, [1987] 3 All ER 420, CA.
R v Pordage [1975] Crim LR 575.
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R v Tandy [1989] 1 All ER 267, CA.
R v Woods [1981] 74 Cr App R 312, CA.

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Intoxication and legal defences

  • Quazi Haque and Ian Cumming

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Intoxication and legal defences

  • Quazi Haque and Ian Cumming
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