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DPP v Majewski [1977] AC 443 House of Lords

The appellant had taken a substantial quantity of drugs over a 48 hour period. He then went to a pub and had a drink. He got into a fight with two others. The landlord went to break up the fight and the appellant attacked him. When the police arrived, he assaulted the arresting officer. Another officer was struck by the appellant when he was being driven to the police station. The next morning he attacked a police inspector in his cell. He was charged with four counts of occasioning actual bodily harm and three counts of assaulting a police constable in the execution of his duty. The appellant claimed he had no recollection of the events due to his intoxication. He was found guilty on all counts and appealed contending that he could not be convicted when he lacked the mens rea of the offences due to his intoxicated state.


Held:

Appeal dismissed. Conviction upheld. The crime was one of basic intent and therefore his intoxication could not be relied on as a defence.
 
Back to lecture outline on intoxication in Criminal Law