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Responsibility and alcohol related violence : Comments
By Tim Pascoe, published 14/1/2014These teenagers were not killed by Smirnoff or Johnny Walker, they were killed by Kieran Loveridge and Shaun McNeil; individuals prone to violence regardless of whether they were intoxicated or not.
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On the issue of being drunk or affected by drugs mitigating responsibility, that notion was determined a long time ago by the McNoughton case but there are limited exceptions involving alcohol and drugs where otherwise the simple fact of being drunk or drug affected is not sufficient to plead as a defence:
http://books.google.com.au/books?id=XI-3YoVqTyIC&pg=PA81&lpg=PA81&dq=McNaughton+defence&source=bl&ots=Aj8LQxSoOz&sig=TAOC7ruEWgw1WTd72zpwI4hpBtI&hl=en&sa=X&ei=1F7UUqLdFYvHkAWNm4Fo&ved=0CE0Q6AEwBQ#v=onepage&q=McNaughton%20defence&f=false