Which statute now states the rule on drunken mistake in self-defence?

Section 76 of the Criminal Justice and Immigration Act 2008 states the rule. Subsection (5) excludes any mistaken belief attributable to voluntary intoxication.

Why is the rule on drunken mistake criticised?

The rule denies a defence to a defendant who genuinely believed force was necessary. Critics say it conflicts with the general rule that an honest mistake is judged on the facts as believed.

Why does Jaggard v Dickinson [1981] sit awkwardly with the rule on drunken mistake?

Jaggard v Dickinson [1981] allowed a drunken belief in consent for criminal damage. The result depends on the wording of the statutory defence rather than on principle.

Give one criticism of the M'Naghten rules as a test of insanity.

The rules date from 1843 and take no account of modern psychiatry. Conditions such as epilepsy and diabetes are classified as insanity although they are not mental illnesses.

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Criminal Law: Capacity Defences

Drunken mistake and criticism of the capacity defences

3 things to know
Components 2 and 3

Overview

R v O'Grady and section 76(5) of the Criminal Justice and Immigration Act 2008 refusing a drunken mistake in self-defence, why Jaggard v Dickinson sits so awkwardly beside it, and the criticisms the whole area attracts.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Give one criticism of the requirement that the defendant did not know the act was wrong.

Numbers

Can a drunken mistake be relied on in self-defence?

Numbers

Which case confirmed the approach in R v O'Grady [1987]?

Questions from this subtopic

Each one with the model answer underneath.

1
Can a drunken mistake be relied on in self-defence?
Model answer
R v O'Grady [1987] held that a defendant cannot rely on a mistake about the need for force induced by voluntary intoxication. The defendant is judged on the facts as a sober person would have seen them.
2
Which case confirmed the approach in R v O'Grady [1987]?
Model answer
R v Hatton [2005] confirmed that a drunken mistake cannot support self-defence even on a murder charge. The Court of Appeal applied O'Grady to specific intent offences.
3
Which statute now states the rule on drunken mistake in self-defence?
Model answer
Section 76 of the Criminal Justice and Immigration Act 2008 states the rule. Subsection (5) excludes any mistaken belief attributable to voluntary intoxication.
4
Why is the rule on drunken mistake criticised?
Model answer
The rule denies a defence to a defendant who genuinely believed force was necessary. Critics say it conflicts with the general rule that an honest mistake is judged on the facts as believed.
5
Why does Jaggard v Dickinson [1981] sit awkwardly with the rule on drunken mistake?
Model answer
Jaggard v Dickinson [1981] allowed a drunken belief in consent for criminal damage. The result depends on the wording of the statutory defence rather than on principle.
6
Give one criticism of the M'Naghten rules as a test of insanity.
Model answer
The rules date from 1843 and take no account of modern psychiatry. Conditions such as epilepsy and diabetes are classified as insanity although they are not mental illnesses.

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