THE EFFECT OF INTOXICATION ON PUNISHMENT

In all the instances where X, notwithstanding her intoxication, is found guilty of the crime she is charged  with, the intoxication can be taken into account by the court in sentencing her, resulting in a more lenient punishment.

This is a daily practice in our courts. Intoxication cannot, however, result in a more lenient punishment in the case of a crime in which intoxication is an element of the crime, such as driving a motor car under the influence of liquor

The effect of provocation on liability

SUMMARY

(1) Provocation may have one of the following effects:

•it may exclude X's intention

• it may confirm the existence of X's intention

•after conviction it may serve as ground for the mitigation of punishment

(2) If X is charged with murder, and the court finds that the provocation excluded his intention, he is usually convicted of culpable homicide, because it is usually clear from the evidence that he was negligent.

(3) If X is charged with assault with intent to do grievous bodily harm, in most cases the evidence of provocation serves to exclude the intention to do grievous bodily harm. X is then found guilty only of common assault (which is a less serious crime than assault with intent to do grievous bodily harm).

(4) If X is charged with common assault, the evidence of provocation cannot result in X's being found not guilty of the crime charged. The courts are unwilling to treat provocation as a reason to completely acquit a person of common assault. This approach is based on policy considerations and does

not necessarily accord with legal theory.