DIRECTOR OF PUBLIC PROSECUTIONS v. MAJEWSKI House of Lords, 2 All E.R. 142 (1976) CASE BRIEF

DIRECTOR OF PUBLIC PROSECUTIONS V. MAJEWSKI
House of Lords, 2 All E.R. 142 (1976)
NATURE OF THE CASE: This case involves the mens rea element in cases of voluntary intoxication. It should be remembered that a different and more lenient rule applies for cases where there was involuntary intoxication.
FACTS: During the evening of February 19th, 1973, Majewski (D) and a friend went to the Bull public house in Basildon. Both men were drunk and D was under the influence of barbiturates and amphetamines. D's friend became involved in a dispute and the D prevented the landlord from abusing his friend. The landlord told both of them to go and they refused. D punched landlord in the face. D asserts that he had no memory of the incident due to his intoxication and that therefore he could not have developed the mens rea to commit the crime. D was convicted in the lower courts and appeals here.

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LEGAL ANALYSIS:





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