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- Title
Forensic Assessments of Alcohol, Cannabis and Methamphetamine Intoxication in Cases of Violent Offending.
- Authors
Goldfeder, Stefan; Scott, Russ; Briggs, Joseph
- Abstract
Whether a person was voluntarily or intentionally intoxicated at the time of commission of a violent offence is a common question in forensic contexts. While a person who was intoxicated may not be able to form the requisite specific intent to commit some offences, voluntary intoxication usually disentitles a person from an insanity or "mental impairment" defence. However, a person may also consume alcohol or use a substance without becoming intoxicated and the presence of alcohol, substances or metabolites of substances in a person's urine or blood is not conclusive when the question of intoxication is relevant. A jury (or a judge sitting without a jury) may require expert opinion evidence when cannabis or methamphetamine intoxication are implicated in the alleged offending.
- Subjects
INSANITY defense; METHAMPHETAMINE; VIOLENCE; ALCOHOLIC intoxication; CRIME; MENTAL health; ETHANOL; METABOLITES; JURY; INTENTION; CANNABIS (Genus); HEALTH outcome assessment
- Publication
Journal of Law & Medicine, 2023, Vol 30, Issue 1, p99
- ISSN
1320-159X
- Publication type
Article