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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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