Brennan v HM Advocate 1977 JC 38
Citation: Brennan v HM Advocate 1977 JC 38
Rule of thumb: Where a person has become intoxicated (drink or drugs) and commits a criminal act, can they plead diminished responsibility to reduce the charge? No, being intoxicated is irrelevant in relation to the crime. It is only relevant in a plea in mitigation to try to reduce the punishment.
Judgment:
"In the law of Scotland a person who voluntarily and deliberately consumes known intoxicants, including drink or drugs, of whatever quantity, for their intoxicating effects, whether these effects are fully foreseen or not, cannot rely on the resulting intoxication as the foundation of a special defence of insanity at the time nor, indeed, can he plead diminished responsibility. (try to reduce murder to culpable homicide on the basis of diminished responsibility refused)" Lord Emslie
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.