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Words: | Submitted: Mon Jun 19 2006
... is an ulterior intent required for the offence. This first separation has been highly debated in terms of how helpful it is but as the courts has indorsed this rule, only reform from the House of Lords or by statute could change it. This separation, as a basic rule, allows evidence of intoxication to be relevant to criminal liability only where there is a crime of specific intent. However, where there is evidence of voluntary intoxication that could have prevented the accused from having the necessary mens rea in a case involving specific intent, the evidence does not automatically negative the mens rea, but can be taken into account by the jury when considering whether the intent has been proven or not. This rule seems not to be in question and in my opinion is just and fair when considering the concept of the 'guilty mind'. In cases where the ...
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