R v Asmelash [2013]

Facts

  • The defendant was intoxicated when he murdered the victim

Issue

  • Could his intoxication be taken into account upon pleading the defence of loss of self-control?

Decision

  • No

Reasoning

  • Although drunkenness does not deprive a defendant from the defence of loss of self-control, a jury is to ignore it when applying the reasonableness test set out as the third element to the defence in section 54(1)(c) of the Coroners and Justice Act 2009
RELATED CASE  R v Camplin (1845)

Posted in Criminal Law Revision Notes.

This page was last updated on 26th December 2014

© 2020 Webstroke Law - Terms and Privacy Policy