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R v O'Grady [1987] QB 995 was a reported appeal of the Court of Appeal of England and Wales. It ruled that a drunken mistake can only be used to (partially) negate mens rea (and only for crimes of specific intent) and not to justify an unreasonable use of force in a plea of self-defence. Ordinarily, in relation that plea, the necessity for force must be judged from the defendant's perspective. Nonetheless, a mistake largely self-induced by drugs or alcohol would undermine that plea, that is, where it caused the mistaken belief as to whether the level of force involved was reasonable.

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  • R v O'Grady (en)
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  • R v O'Grady [1987] QB 995 was a reported appeal of the Court of Appeal of England and Wales. It ruled that a drunken mistake can only be used to (partially) negate mens rea (and only for crimes of specific intent) and not to justify an unreasonable use of force in a plea of self-defence. Ordinarily, in relation that plea, the necessity for force must be judged from the defendant's perspective. Nonetheless, a mistake largely self-induced by drugs or alcohol would undermine that plea, that is, where it caused the mistaken belief as to whether the level of force involved was reasonable. (en)
name
  • R v O'Grady (en)
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  • http://commons.wikimedia.org/wiki/Special:FilePath/%22Drunk_Father%22_by_George_Bellows.jpg
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  • Leave to appeal to the highest court: refused: [1988] 1 WLR 133, HL (en)
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citations
  • [1987] QB 995 [1987] 3 WLR 321; [1987] 3 All ER 420; 85 Cr App R 315 (en)
court
full name
  • Regina v Patrick Gerald O'Grady (en)
judges
  • Lord Lane CJ and two others (en)
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  • R v O'Grady [1987] QB 995 was a reported appeal of the Court of Appeal of England and Wales. It ruled that a drunken mistake can only be used to (partially) negate mens rea (and only for crimes of specific intent) and not to justify an unreasonable use of force in a plea of self-defence. Ordinarily, in relation that plea, the necessity for force must be judged from the defendant's perspective. Nonetheless, a mistake largely self-induced by drugs or alcohol would undermine that plea, that is, where it caused the mistaken belief as to whether the level of force involved was reasonable. (en)
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prior actions
  • Conviction by jury, trial presided by Judge Underhill, Q.C. (en)
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