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R v Majewski [1977] AC 443

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case R v Majewski

  • A man was involved in a pub fight where he attacked the landlord, other customers and police officers.

  • Given that his drunken state was self induced, his defence of intoxication was not to be admitted.

Lord Elwyn Jones

  • Says that getting so drunk was reckless, and he deprived himself of self control, therefore he is to blame.

Lord Salmon

  • Refers to the precedent of Lipman, where a man under influence of hallucinatory drugs suffocated a woman by stuffing clothes down her throat in the belief that she was a snake and was convicted. He regards this as a socially important policy lest people be freed from personal responsibility and the law be brought into disrepute.

  • The argument that section 8 requires all evidence (including drunkenness) to be taken into account and therefore to ignore drunkenness is illegal, is wrong.

  • Section 8 is a law of evidence not a substantive law itself.Β 

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1,072 total pages
662 purchased

Criminal Law notes fully updated for recent exams at Oxford and Cambrid...