JENKINS is a heavy drinker, and is well known for being able to handle his liquor. One night he is out drinking with his friends and as a prank one of them puts drugs into his pint. 2 hours later, in the street outside the pub, JENKINS begins to shout and swear at people. JENKINS is drunk, having consumed 10 pints of lager. Police officers approach him and he shouts and physically threatens the officers. They arrest him for being drunk and disorderly. At court, it is argued that his disorderly behaviour was due entirely to the drug, of which he had no knowledge, and, accordingly, that he is not guilty of the offence.
A He may be guilty, as alcohol is a partial cause of his intoxication.
B He is guilty, as it is immaterial what caused the intoxication.
C He is not guilty, as this offence is not made out where there are several causes of the incapacitated state.
D He is not guilty, as the cause of his intoxication was not self induced
2007-03-15 11:20:51 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It would be B. He commited that crime, why he did isn't a factor. Now the fact that a drug was in his system that he didn't willingly take would be a mitigating factor in his sentencing, and he may be given a lesser sentence. If becasue of the drug he stole a car, should he be found no guilty?
2007-03-15 11:27:25 · answer #1 · answered by Anonymous · 0⤊ 0⤋
D- I think. Only because he would not ordinarily have been intoxicated to the point of being disorderly, as evidenced by the fact that he is known for being able to handle his liquor.
2007-03-15 11:30:38 · answer #2 · answered by Lesley M 5 · 0⤊ 0⤋
A) He may be guilty, as alcohol is a partial cause of his intoxication.
But assuming he attempted to use this defense, and would probably have called his so called mates as witnesses,
(with friends like that, who needs enemys)
they would have been implicated and should be apropriately charged as well.
2007-03-15 11:25:34 · answer #3 · answered by CHEVICK_1776 4 · 0⤊ 0⤋
well whether guilty or not he shouldn't be swearing and threatening police officers and if he was Mikeyed as they call it he needs to press charges on whom ever put that stuff in his rink that **** aint cool and they are lucky nothing major happened to him like death and for his friends to let him drink even more after the fact they aren't real friends anyway...
2007-03-15 11:27:18 · answer #4 · answered by Shawty 3 · 0⤊ 0⤋
drunk is dru\nk
2007-03-15 11:30:03 · answer #5 · answered by Nora 7 · 0⤊ 0⤋