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R v O'Grady
R v O'Grady () QB 995 was a case that went on appeal to the UK Court of Appeal of England and Wales which stated that a drunken mistake can only be used to negate ''mens rea'' (and only for crimes of specific intent) and could not be used to justify an unreasonable use of force under a plea of self-defense. Ordinarily, in relation to a plea of self-defense, the necessity for force must be judged from the dwefendant's perspective. None the less, a drunken mistake could not be used to support a plea of self-defense concerning a mistaken belief as to whether the level of force applied was reasonable.
== Facts ==
The appellant was an alcoholic. He had spent the day drinking large quantities of alcohol with two friends. The friends then retired to the appellant's home and went to sleep. The appellant claimed he was woken by one of the friends, McCloskey, hitting him on the head. He said that he picked up some broken glass and started hitting McCloskey in order to defend himself. He said he only recalled hitting him a few times and a fight developed during which McCloskey had the better of him throughout. He said the fight subsided and he cooked them both a chop and went to sleep. In the morning he found McCloskey dead. His death was caused by loss of blood. He had 20 wounds to his face, in addition to injuries to the hands and a fractured rib. There was severe bruising to the head, brain, neck and chest. There was a fracture of the spine caused by the head being forced backwards. There was a fractured rib. The blows to the body had been delivered by both sharp and blunt objects.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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