R v Asmelash [2013]

Court: Court of Appeal

Facts: The defendant (D) was intoxicated when he was insulted and taunted by the victim (V). In a fit of rage, D stabbed V to death. During the trial, D argued that the judge's direction to the jury, which excluded evidence of his voluntary intoxication regarding the loss of control defense under Section 54(c) of the Coroners and Justice Act 2009, was incorrect.

Issue: Whether the judge's direction to exclude voluntary intoxication as a relevant factor in assessing the loss of control defense was proper.

Held: The Court of Appeal dismissed the appeal, affirming that the judge's direction was correct. Lord Judge CJ clarified that the loss of control defense must be considered without reference to the defendant's voluntary intoxication, as it is not included within the "circumstances" outlined in Section 54(c).

Key Judicial Statements: Lord Judge CJ emphasized that the loss of control defense should be framed with reference to a reasonably sober person. He noted that voluntary intoxication does not form part of the relevant circumstances for the loss of control defense. However, he acknowledged that different considerations might apply if a defendant has a severe alcohol or drug problem and is mercilessly taunted about that condition, potentially constituting a qualifying trigger for loss of control.

💡 Leveluplaw: reinforces the principle that voluntary intoxication is generally not considered in the context of the loss of control defense, aligning with the statutory framework under the Coroners and Justice Act 2009. The ruling underscores the importance of evaluating the defendant's actions from the perspective of a sober individual, maintaining the integrity of the legal standards for loss of control. However, it also leaves room for exceptions in cases where the defendant's intoxication is intrinsically linked to a qualifying trigger, thus highlighting the nuanced approach the courts may take in considering the interplay between substance abuse and provocation in criminal law.