R v Allen [1988]

FACTS:-

The defendant’s second line of defence to charges of indecent assault and buggery was that he had consumed drink, including wine without realising that it had a high alcoholic content and that he was so drunk that he was not responsible for his actions. 

HELD:-

The defendant’s appeal was dismissed by the Court of Appeal.  It was held that the judge had correctly ruled that there was no evidence that the Defendant’s drinking was other than voluntary and that his second line of defence should not be left to the jury.  Ignorance of the precise nature of strength of alcohol being consumed does not make drinking involuntary where the accused knew that he was drinking alcohol.

Related posts:

1. DPP v Jowle [1999]
2. R v Phipps 1970 and R. V Mcgill [1970]
3. Mcfarlane v Thain 2005