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3 Cards in this Set

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Quick (diabetics and prior fault)

D was charged with assault which occurred during a hypoglycaemic incident (they had not eaten enough after taking insulin and had drank alcohol)


'A self induced incapacity will not excuse...nor will one which could have been reasonably foreseen as a result of either doing or omitting to do something as for example taking alcohol against medical advice after using certain prescribed drugs or failing to have regular meals while taking insulin.'

Bailey (diabetics and prior fault)

It is common knowledge that those who take alcohol to excess or certain sorts of drugs may become aggressive or do dangerous or unpredictable things...but the same cannot be said without more of a man who fails to take food after insulin injection.


(but if a person had been having hypoglycaemic episodes prior to the event, this would perhaps demonstrate their awareness so you raise this as an issue of prior fault)

Stripp

D had been drinking and banged his head. The key question was whether D's state had been brought about by intoxication or concussion. If they decided concussion was the primary cause, then D could plead automatism.