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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
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