R.v. Semberit Magnus Kassembere, Crim. Rev. 44-D-67; 14/4/67; Biron, J.

R.v. Semberit Magnus Kassembere, Crim. Rev. 44-D-67; 14/4/67; Biron, J.

Accused was convicted of assaulting a police officer. He was intoxicated at the time of arrest. His conviction was upheld, but sentence was reduced from eighteen months to nine months.

            The Court stated, obiter: (1)”I think it is open to argument as to whether intoxication is or is not a mitigating factor in such an offence….. (1) t can even constitute a defence where intent is a necessary ingredient of an offence.” (2) “….. (A) s the accused ’s father is a lunatic, there may well be some hereditary taint which would further affect the accused ’s judgment and sense of responsibility.”