This ‘Examination focus’ is relevant for OCR A2 Unit G153 and G154 (summer 2015) and AQA A2 Unit 4 LAW03 and WJEC A2 Unit 3 and Unit 4.
One of the most controversial areas of the criminal law is its response to defendants who commit crimes and try to excuse themselves from liability due to being intoxicated by alcohol, drugs or other intoxicants. Surely the law must take a dim view of a defendant who, while deliberately intoxicated, commits a crime? However, if while intoxicated, defendants cannot remember any of their actions, how can it be proved that they knew, or were aware of, their actions? Would it be impossible for the prosecution to prove the defendant’s mens rea — usually his or her intention?
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