ABSTRACT

Beginning on a Sunday morning and continuing until Monday night, Robert Majewski went on a 36-hour drugs and drink marathon. Over that time he consumed a combination of barbiturates, amphetamines (speed), and alcohol. On the Monday evening he got involved in a pub brawl and assaulted a customer, the manager and several police officers sent to deal with him. He was eventually arrested and charged with three offences of assault occasioning actual bodily harm and three offences of assaulting a police officer in the execution of his duty. His defence was that he was suffering from the effects of the alcohol and drugs at the time. He claimed that he was intoxicated, that this prevented him from foreseeing the consequences of his actions, that he was not, therefore, reckless in the Cunningham sense, and hence not guilty.

Would you allow him a defence?