05. Mar. 2010. – 11:24:29
Recent retiring room discussions reminded
me of an interesting case on which I sat four or five years ago. A young Somali
woman faced a charge of "using threatening, abusive or insulting words or
behaviour ". She was not represented.
In the street she was very drunk and the
medic on the ambulance which had been called by a bystander could not persuade
her to go to hospital so he called police and with their knowledge left to
attend another emergency call. On their arrival her situation seemed
precarious....she was in and out of consciousness and they recalled the
ambulance. Before its arrival for a second time she appeared to be more lucid
and began swearing and verbally abusing the officers who arrested her, took her
to the station where she was charged. In her own defence she agreed she was so
drunk she remembered nothing at all of the incident. She continued her denial
under cross examination.
Discussing whether or not the CPS had
proved the charge we decided that her intoxication went beyond an aggravating
factor and that if we accepted her version she was without awareness, control
or intent. However our legal adviser on hearing our intended conclusion and
referring to the appropriate sections told us that if intoxication is self
administered awareness of which the defendant had none must be considered as if
not intoxicated and therefore she was guilty.
I cannot recollect having sat on a similar
case since.
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