INTOXICATION IN THE CODIFICATION OF CANADIAN CRIMINAL LAW

Authors

  • PATRICK HEALY

Abstract

This paper examines options for codification of the defence of intoxication in the criminal law. Specific attention is given to the proposal made by the Government in the White Paper on general principles of criminal law that was released in June 1993. With reference to developments in the law here and in other jurisdictions, several options for codification of the defence are identified. At the conclusion of the paper a recommendation is made for the enactment of a limited defence that would allow evidence of intoxication to negate proof of some elements of fault relating to circumstances or consequences in the definition of the actus reus but not the basic act that forms the core of the actus reus.

Keywords:

Criminal Law

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Published

1994-12-01

Issue

Section

Legal Commentary

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