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Question 37

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Give correct response. A was charged with the murder of a boy aged 15 or 16 years who had accompanied him to a wedding party. A was drunk at the time he fired the fatal shot, when he asked the boy to step aside to enable him to occupy a convenient seat but the boy did not move. In this case it was held that :


A) A would be liable because he was voluntarily drunk and voluntary drunkenness is never a defence.
B) A would not be liable and would be entitled to the defence of intoxication.
C) A would be liable because the rule is that we must attribute to the intoxicated person the same knowledge as if he was quite sober, but so far as the intent is concerned we must gather it from the attending circumstances of the case with due regard to the degree of the intoxication.
D) A would not be liable because his mental faculties were so much affected by intoxicating drink that he was unable to know the nature of the act.

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