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Intoxication. Even before Stingel, courts preferred not to take intoxication into account as part of the 'circumstances of the accused'. Intoxication may be relevant for the purposes of the subjective aspect of provocation – ie, whether the accused actually lost the power of self-control. In Croft, the
19 Feb 2013 Introduction to Defences · Insanity Defence · Automatism Defence · Substantial Impairment Defence · Infanticide Defence · Intoxication Defence · Provocation Defence · Self-Defence · Necessity Defence · Conclusion to Defences. Assault. Introduction to Assault · Aggravated Assault · Patterns of Victimisation
24 Oct 2011 If a party knowingly deals with another who does not appreciate the general nature of the transaction because his mental faculties are impaired through either natural causes or intoxication, it will be considered unconscionable dealing and the contract will be rescinded. This is discussed in Blomley v Ryan:.
External influences (such as intoxication etc) do not count: R v Quick. Requires a disorder, merely a high emotional state of the 'normal' man does not count: Porter. That due to this disease of the mind, the accused either: Did not know the nature and quality of their act; OR. Narrow test, the accused did not understand what
3 Aug 2012 The accused was labouring under a defect of reason due to a disease of the mind;. Disease of the mind means any mental disorder that 'manifests itself in violence and is prone to recur' (eg, schizophrenia): Bratty v AG (Northern Ireland). External influences (such as intoxication etc) do not count: R v Quick.
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10 Aug 2012 Voluntariness - intoxication only taken into consideration for determining voluntariness if not self-induced: s 428G Crimes Act 1900 (NSW). Specific intent offences - intoxication to be taken into consideration for determining specific intent regardless of self-induced or not: s
28 Oct 2012 Things like intoxication can be taken into account: Katarzynski. Reasonableness of response - the response of the accused was a reasonable response to the circumstances as the accused perceived them. This is an objective test. Only certain characteristics can be taken into accounts: Kurtic. Intoxication is
22 Oct 2012 Infliction of wounding or grievous bodily harm, with intent to inflict grievous bodily harm or resist arrest: s 33. Actus reus: wounding or causing grievous bodily harm. Mens rea: intent to cause grievous bodily harm or intent to resist arrest. Note: specific intent offence. Intoxication is relevant. Max penalty: 25
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