Rex v Ntshalintshali (108 of 2022) [2022] SZHC 203 (4 October 2022)

Case summary

Criminal law-defence of involuntary intoxication if properly raised constitutes a complete defence-The Criminal Liability of Intoxicated Persons Act-The onus is on the Crown to prove beyond reasonable doubt that the accused had the criminal capacity-deciding whether the Crown discharged the onus to prove the accused's overall guilt, requires the court to consider criminal capacity or lack thereof  against the background of intoxication-Crown is assisted by the presumption that every person is presumed to have sufficient mental capacity to be responsible for his/her crime-the dislodgment of the presumption of mental capacity is a difficult task requiring evidence from medical experts.

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