New Zealand Law/Criminal/Intoxication
Appearance
Commentary
[edit | edit source]- Not a defence in itself.
- Intoxication may negate mens rea.
- Intoxication is only available only where specific intent is required for the offence.
Cases
[edit | edit source]R v Kamipeli
[edit | edit source]- Facts
- While drunk, defendant kicked another to death.
- Trial judge directed jury that, in order to acquit, they would have to find that the defendant was so drunk that he was acting as an automaton.
- Held
- The Crown must prove intent beyond reasonable doubt.
- Intoxication is just part of the totality of the evidence which may raise reasonable doubt as to essential elements.
R v Tihi
[edit | edit source]- Facts
- Tihi and two others attempted to rob a man, severely beating and killing him.
- Although T was extremely drunk, he was able to give a fairly detailed description of the attack to the Police.
- Held
- The jury should have regard to all of the evidence when considering whether T had the requisite intent.
- If intent cannot be proved beyond a reasonable doubt by virtue of the amount of alcohol consumed, the verdict should be manslaughter.
- It is not for the judge to give his opinion of the evidence.
- A jury, with common sense and experience of life, is able to judge whether a man in a drunken state may or may not have had murderous intent.
- Intoxication is not the only consideration, also the duration and degree of violence required to inflict the extensive and serious injuries which caused death.