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Intro:
legal commentators
Set up debate
Ao1:
learn intoxication
Fall back principle
Majewski
P1:
Complexity:
difficult to date with certainty - common law
O’Grady - no mistakes
Haggard v Dickinson - exception to the mistake rules
Good that the law can adapt and evolve
Codification reform?
P2:
inconsistent
Involuntary intoxication is fine - Hardie
But Kingston
Hardie - medication having different effects
But not knowing the strength of something isn’t acceptable
P3:
Unfairness
Fall back principle
Murder to manslaughter - what if the D wasn’t very drunk???