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23 Jun 2020

Does plead of intoxication exonerate an offender from criminal responsibility?




Intoxication could either be voluntary or involuntary. Thus, while the Penal Code does not exempt a person from criminal responsibility by reason of voluntary intoxication, it does shields an offender where it is proved that his act was propagated by involuntary intoxication. This is the intake of the provision of the Penal Code Law in section 52
 where it provides thus:

"Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication caused by something administered to him without his knowledge or against his will, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law."

Thus, all acts done or omitted to be done by  a person are legally excused under the Penal Code Law where involuntary intoxication is proved and sustained. 

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