Legal Project Management Plan & Checklist
How to strategically raise the defence of extreme intoxication to reduce a murder charge to manslaughter in Canada.
Can intoxication be a defence to murder?: Yes. Because murder is a crime of specific intent, extreme intoxication by alcohol or drugs can impair cognitive function enough to render the accused legally incapable of forming the specific intent required under s. 229.
What is the legal effect of the intoxication defence?: Successful application of the intoxication defence to a murder charge results in a reduction of the conviction from second degree murder to manslaughter, as manslaughter requires only objective foresight.
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Jurisdiction: Superior Court of Justice.
The Process at a Glance: The process involves gathering toxicological evidence, briefing psychiatric and toxicology experts, and adducing evidence at trial that the accused lacked the capacity to foresee the natural consequences of their acts.
Key Legislation and Case Law: Section 229 of the Criminal Code (Specific Intent).
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