Laws - Intoxication Defence
3 important questions on Laws - Intoxication Defence
Types of intent in Voluntary intoxication and example
Basic intent - (not a defence) manslaughter, malicious wound, common assault, rape)
Specific intent - murder, wounding with intent
Specific intent - murder, wounding with intent
Section 85 Penal Code
(1) intoxication shall not constitute a defence to any criminal charg
(2) Intoxication shall be a defence if the person charged did not know that such act was wrong/did not know what he was doing
a> Involuntary intoxication
b> voluntary intoxication
(2) Intoxication shall be a defence if the person charged did not know that such act was wrong/did not know what he was doing
a> Involuntary intoxication
b> voluntary intoxication
Section 86 Penal Code
(1) Based on section 85 (a) the accused person will be acquitted, where as (b) the provision of section 84 will be applied
(2) intoxication shall be taken into accound in the absence of mens rea
(2) intoxication shall be taken into accound in the absence of mens rea
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