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Intoxication, psychoses, and self-defence: Evaluating Taj [2018] EWCA Crim 1743

Dsouza, M; (2018) Intoxication, psychoses, and self-defence: Evaluating Taj [2018] EWCA Crim 1743. Archbold Review (9) pp. 6-9. Green open access

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Abstract

In Taj, the Court of Appeal attempted to clarify the law applicable to cases in which D mistakenly acts in self-defence, and her or his mistake was attributable to psychosis (not amounting to insanity), which in turn was caused by voluntary intoxication. I argue that, unfortunately, it fell short. To provide clarity, the court ought to have recognised the existence of a common law rule withdrawing mistaken selfdefence from D who was mistaken because he or she was suffering an abnormality of mental functioning arising from a recognised medical condition.

Type: Article
Title: Intoxication, psychoses, and self-defence: Evaluating Taj [2018] EWCA Crim 1743
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.archbolde-update.co.uk/PDF/2018/Archbo...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10059278
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