The expression of “liquid courage” is something that is often heard by criminal lawyers. It is heard when people find themselves in difficult situations because they had been out drinking.
It is widely accepted that being intoxicated is not a defence to committing a crim. However, where people are charged with what’s known as an “intent offence”, the Court can take into account evidence that a person was intoxicated.
It is important to note that an “intent offence”, is an offence that requires the prosecution to prove beyond a reasonable doubt that the accused intended to commit the offence. An example is stealing, the prosecution has to prove that the accused intended to take an item.
If a person was intoxicated by alcohol or other, this can be taken into account by the Court in determine whether the person had the ability to form the intent to commit the offence. If a person was so intoxicated that they did not have the capacity to form the intent to commit the crime, the offence cannot be proven.
At Adams & Partners, our criminal department is led by Lauren Hitchen who is experienced in criminal law and the challenges faced by those who come before the Courts with criminal offences. If you or someone you know would like to speak to one of our solicitors today, please contact our office.
Written by Lauren Hitchen