Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Murder definition

What does Murder mean? In practice, murder describes the most serious criminal homicide: unlawfully causing the death of another person with the necessary intent. Across the UK and Ireland it is a common law offence, refined by case law and statute. England & Wales and Northern Ireland: the actus reus is causing death; the mens rea (historically “malice aforethought”) is an intention to kill or to cause grievous bodily harm. Oblique intent may suffice where death or serious harm was a virtual certainty and appreciated. Defences include self-defence. Partial defences reducing liability to manslaughter include diminished responsibility, loss of control, and suicide...

Intoxication and Mistake Defences in England and Wales: Voluntary/Involuntary Intoxication, Specific vs Basic Intent, Self-Defence Limits (CJIA 2008 s 76), and Mistake of Fact

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Practice notes

Intoxication

General defences arise from features specific to the accused or from the circumstances of the offence, and may prevent the prosecution from proving all the elements of the offence. The investigating officer must pursue enquiries impartially and fairly, so material that supports a potential defence should be collected and retained in the same manner as evidence of the offence. While some offences carry particular statutory defences, the availability of general defences ought to be assessed in every case. Strictly speaking, intoxication, whether voluntary or involuntary, is not a defence in and of itself. Rather, intoxication may negate the required mental element (mens rea) for an offence and thereby operate as a defence, but only in limited situations.

Specific intent

Where an offence calls for specific criminal intent, voluntary intoxication may suffice to demonstrate that the defendant could not form the requisite intent to commit the offence. The specific criminal intent in question is the aim of bringing about a particular consequence at the time the criminal act is carried out...

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Web page updated on 21/05/2026

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