For hundreds of years, it has been assumed that individuals behave more aggressively while under the influence of alcohol. However, society has taken an ambivalent attitude towards intoxication. Alcohol consumption is generally depicted as a puritanical moral barrier used to escape pain and the harsh realities of life. Intoxication can conversely be portrayed as a sign of weakness, impeding human reasoning leading individuals to behave in an unacceptable manner. Drunkenness was a crime punishable by imprisonment in the form of stocks or a fine from to
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ABH is a triable either way offence that could be tried in either the magistrates or Crown court. It carries a maximum punishment of 5 years in prison. The actus reus is either that the defendant committed the actus reus of assault or battery and that the assault or battery caused actual bodily harm. Assault is a common law offence, the actus reus of which is causing the victim to fear unlawful force.
Please join StudyMode to read the full document. But where a person thru drink and drugs and commits a crime, the levels of intoxication maybe such to prevent the defender from forming a mens rea of a crime. Public policy plays a strong factor in ascertaining weather the defendants intoxication is maybe used by the defendant to negate the mens rea of a crime. It is obviously not in the public interest for criminals to escape liability simply by ascertaining that they were drunk they did not know what they were doing, this would be seen as aggravating factor rather than a mitigation factor particularly were the defendant himself in that position. For this reason the law draws or distinction between voluntary
The first Supreme Court was called to assemble on February 1, , at which time the powers and duties of the Supreme Court were established. The United States Supreme Court currently has. Criminal law is better known about in the U.