07/02/1958

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs PETER WILLIAM CLARKE ET.

N/A

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ART. 95 OF THE CRIMINAL LAWS - ASSAULT AND RESISTANCE TO THE POLICE - INTOXICATION

With regard to the plea of intoxication, it is true that, where a specific intent is essential to constitute a crime, evidence of drunkenness rendering the accused incapable of forming that intent should be taken into consideration, together with the other facts proved, in order to determine whetheror not such intent existed; however, it has long been an accepted principle that, evidence of drunkenness falling short of this, and merely establishing that the mind of the accused was affected by drink, so that he more readily gave way to some violent passion, does not rebut the presumption thata man intends the natural consequences of his acts. If a charge of assault and resistance with violence to the Police, is brought up against three persons, and one of them is not sufficiently shown by evidence to have been acting with the other two in pursuance of a common purpose, he cannot be held guilty of this crime. His acts may amount to the contravention of obstruction of the Police in the exercise of their lawful duty, but not to the crime of assault and resistance to the Police. Andsince the charge of assault and resistance to the Police is excluded as regards this third accused,the crime of assault and resistance rests to have been committed by two accused only; wherefor it issubject to penalty without the aggravation set forth in the case such crime is committed by three or more persons.