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Def based on issues of pol. rather than legal principles

Clashes often occur b/twn the two & pub. pol. usually wins

If D chose to take drink/drugs/intoxicants

Until mid C19th intox. not a def. even if invol. & MR was intention

Bread 1920

Lord Birkenhead; permitted intox.…

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D killed her when asleep and tripping then fell asleep & awoke to find her dead

Con. of m/s even though acting as an automaton (not con. of murder, as specific intent crime)

Upon app. CA upheld con.

Lord Diplock; `state of automatism didn't apply when induced by drink or…

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D depressed as broken up w/g.f & she asked him to leave their flat

Before leaving, he took some of her Valium then later returned to the flat and set fire to the wardrobe

D charged w/arson - basic intent crime but said unaware of action due to the Valium,…

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Dutch Courage;

AG Ref. for N.Ire v Gallagher 1963

If D gets drunk to summon the courage to comm. a crime, there is no def. even for a specific intent off.

D wanted to kill his wife, so drank to get courage & killed her

Con. of murder & HL…


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