LEGAL PRINCIPLE: CRIMINAL LAW — Intoxication — Statutory Defence — Burden of Proof
PRINCIPLE STATEMENT
Under section 19 of the Criminal Code, intoxication is a defence only if the accused did not know what he was doing. The burden is on the accused to prove that the intoxication was caused without his consent and that he was insane by reason of it.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Okeke v. State (2003) NLC-2592000(SC) at p. 70; Paras A–C.
"By section 19 of the Criminal Code, intoxication can only be a defence if the person charged of the offence did not know what he was doing at the time of the act or omission complained of. The burden is on the accused to prove (i) that the state of intoxication was caused without his consent, and (ii) that he was insane, temporarily or otherwise by reason of the intoxication."
EXPLANATION / SCOPE
The statutory defence of intoxication requires proof of involuntariness and resulting insanity. The principle applies to criminal law. The burden is on the accused. The rule limits the defence. The accused must adduce evidence. The principle is well-established.
