Attorney-General for Northern Ireland v Gallagher

Facts

Gallagher decided to kill his wife. He bought a knife and a bottle of whisky. He drank the whisky and then killed her. He raised insanity and intoxication, saying he could not form the specific intent.

Issue

Does drink taken to give courage defeat the intention formed while sober?

Held

The House of Lords restored the conviction. Lord Denning said that if a man, while sane and sober, forms an intention to kill and makes preparation, and gets drunk to give himself Dutch courage, he cannot rely on the drunkenness.

Principle

An intention formed before the drinking still coincides with the later act. Dutch courage is not a defence.

Why it matters

It is the exception to the rule that the mental element must be formed at the moment of the act.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.