JSB171 Lecture Notes - Lecture 1: Organophosphate, Russell Bromage, Stupefied
Document Summary
The provisions of section 27 apply to the case of a person whose: mind is disordered by intoxication or stupefaction caused without intention on his or her part by, drugs or, intoxicating liquor or, by any other means. Onus defence on accused bop | r to negative brd: dearnley (jury must say so and person must be kept in strict custody in such a manner as the court thinks fit until. Effect qualified acquittal under s647: re bromage dealt with under the mental health act 2000) = to make stupid or torpid; to deprive of apprehension, feeling or sensibility; to: without intention. Old test question of degree : defence not available if reckless and indifferent do not intend to become heavily intoxicated but do anyway to consequences, available if accidentally become intoxicated. Mistaken about the nature of the substance. Not warned of side-effects of prescription medicine.
