Introduction

Defences apply consequentially to ensure that only the blameworthy are punished in accordance with culpability thresholds, and that blameless individuals are not unjustly punished for propagating a social harm. General defences have developed in England and Wales in a solipsistic ad-hoc manner. Exculpatory evidence may be adduced as justification. Cases of underinclusiveness will be identified and some inclusionary proposals will be made. The doctrine of prior fault has attracted considerable academic comment. 'Consent in the Criminal Law: The Importance of Relationality and Responsibility', explores the moral work undertaken by consent. The impact of the 'doctrine' works to mitigate the harshness of law where prosecutorial discretion has failed to sift out cases where prosecutions would otherwise produce absurd outcomes. Through a discussion of the relevant case law, and the recent proposals for reform advanced by the Law Commission for England and Wales, Wake and Loughnan examine the fault lines between intoxication and insanity, and intoxication and automatism.