Dsouza, M;
(2018)
Intoxication, psychoses, and self-defence: Evaluating Taj [2018] EWCA Crim 1743.
Archbold Review
(9)
pp. 6-9.
Preview |
Text
Dsouza_Mark Dsouza article on Taj.pdf - Accepted Version Download (612kB) | Preview |
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 |
Archive Staff Only
View Item |