R v O’Grady [1987] 3 WLR 321
Judgement for the case R v O’Grady
Table Of Contents
Defendant killed Victim while intoxicated, genuinely, though mistakenly, believing that Victim was trying to kill him.
He was convicted of manslaughter (murder is a specific intent crime and therefore not possible to commit while intoxicated).
CA rejected appeal since, although ordinarily self-defence judges the case based on the facts as Defendant believed them to be, this was not so where Defendant’s mistake was the result of voluntary intoxication.
Lord Lane
Said it was in the public safety interest that drunken mistake should not lead to acquittal because this ignores prior fault, which is clearly different to a case where a paranoid or mentally ill person has an irrational view of the circumstances.
For Further Study on R v O’Grady
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