CROMBAG_Addiction_FEB_2020_author_copy.pdf (212.84 kB)
Drunk, dangerous and delusional: how legal concept-creep risks overcriminalization
journal contribution
posted on 2023-06-09, 20:47 authored by Hans CrombagHans Crombag, John J Child, George R SullivanBackground In the recent case of R v Taj, the Court of Appeal of England & Wales upheld the conviction of a defendant who, in a psychotic delusional state, mistook his non-threatening victim to be a terrorist, violently attacking him. The law typically allows honest mistakes (even if unreasonable) as a basis for self-defence (in this case the defence of others). But because Taj's delusions were found by the court to have been caused by voluntary alcohol consumption, special legal (prior-fault) intoxication rules were applied to block his defence; Taj was convicted and sentenced to 19 years for attempted murder. Argument We focus here on the simple question – what does it mean to be intoxicated? On the facts, Taj did not have drugs active in his system at the time of the attack, but the court nonetheless insisted that Taj's delusional mistake was ‘attributable to intoxication’, namely to drink and drug-taking in the previous days and weeks. This extended conception of intoxication was questionably distinguished from psychosis induced by withdrawal. Furthermore, the court was unreceptive to evidence of a long-standing, underlying mental health disorder. We argue that the court's expanded view of intoxication is problematic in that intoxication-induced psychosis cannot be sharply distinguished from other causes such as mental disorders. And even if it could be distinguished, it should not give rise to blame and punishment in the same way as conduct induced by chemically active intoxicants (‘drug-on-board’) does. Conclusion The courts’ expansion of the definition of intoxication is both legally and forensically problematic, introducing legal vagaries where the clinical science is already vague. And with intoxication frequently interlocking with historic intoxication and secondary or co-morbid mental health conditions, the decision risks inappropriately and/or over-criminalising defendants.
History
Publication status
- Published
File Version
- Accepted version
Journal
AddictionISSN
0965-2140Publisher
WileyExternal DOI
Issue
12Volume
115Page range
2200-2207Event location
EnglandDepartment affiliated with
- Psychology Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2020-03-09First Open Access (FOA) Date
2021-02-27First Compliant Deposit (FCD) Date
2020-03-09Usage metrics
Categories
No categories selectedLicence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC