For a defendant to be successful in his defence of intoxication he must show that:
a. The Intoxication was involuntary, and that
b. It was the intoxication that diminished his mental capacity from knowing legal right and wrong
For a defendant to be successful in his defence of intoxication he must show that:
a. The Intoxication was involuntary, and that
b. It was the intoxication that diminished his mental capacity from knowing legal right and wrong
The defence of intoxication is not a complete defence in the sense that the defence will not totally exonerate an offender when successfully pleaded it will only operate to reduce the degree of responsibility or punishment.
No. Where one of the elements of the offence with which the defendant is charged is drunkenness, the defence of intoxication cannot be available for him.
Yes, a person can plead the defence of intoxication as a defence when charged with the commission of an offence where the conditions can so support that defence.
The burden of proof is on the accused person to prove intoxication otherwise he is presumed to intend the consequence of his act. AHMED V. STATE (2001) FWLR (PT.34) 438@ 484 SC.