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2 Circumstances Where Being Intoxicated While Committing A Crime Will Be A Defence in Law

There are a lot of defences a person can raise as the reason why they committed a particular offence. Where a person raises a defence recognised by law, his punishment can be reduced, depending on the discretion of the courts.

According to The Cambridge English Dictionary, a person is said to be intoxicated where he is drunk or under the influence of drugs. It is also defined under the Criminal Code Act to include a state produced by narcotics or drugs.

The law specifically provides that being intoxicated during the commission of a crime will not be used as a defence in the court of law except in certain circumstances. In this article we would consider the circumstances where the law will allow the defence of intoxication to be used by a person who committed a crime.

According to Section 29 of the Criminal Code Act, a person can raise the defence of intoxication where at the time of committing such act or omission the person didn't know it was wrong or he didn't know what he was doing. The two instances where the defence can be raised are:

1. Where the state of intoxication was caused without the offender's consent, by the malicious or negligent act of another person. An example of this is where the accused person was drugged by another individual, and due to the effect of such substance he committed an offence.

Where the defence of intoxication is adequately established by the accused person, he or she would be discharged by the court.

2. Where the person charged with an offence was by reason of the intoxication insane, temporarily or otherwise at the time of such act or ommision.

Where the defence of intoxication is adequately estabished by the accused person, he or she would be detained in an asylum or a mental facility. This is in accordance with Sections 229 and 230 of the Criminal Procedure Act.

Content created and supplied by: Busayomi (via Opera News )

Criminal Code Act The Cambridge English Dictionary


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