Reference no: EM133229732

SOUTH AFRICAN CRIMINAL LAW

Having heard that they have passed the LCR 500 examination, X and his friends decide to celebrate the good news by having a party. During the course of the evening they consume various large quantities of Vodka shooters and expensive Whiskey. After 6 Vodka shooters and half a bottle of Whiskey, X becomes involved in an argument with Y. X hits Y over the head with an empty bottle, breaking the bottle. Z tries to calm X down and restrain him, but X stabs him with the broken bottle, severely injuring Z's upper arm. Y dies as a result of X's attack and Z is seriously wounded. X did not act in private defence when he assaulted Y and Z. X is charged with murdering Y and with assault with intent to do grievous bodily harm in respect of Z.

Discuss, with reference to the rules relating to the effect of intoxication on criminal liability, the question whether X may, as a defence, rely on the fact that he had been under the influence of liquor at the time he committed the acts.

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