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    woodjeeves's Avatar
    woodjeeves Posts: 1, Reputation: 1
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    #1

    Dec 5, 2010, 08:38 PM
    Automatism defence and criminal damage
    Hello,

    If one's drink is spiked in a nightclub, and following that one looses his consciousness and goes on to damage a property (below £5000), is one liable criminally? Can one use a defence of automatism (even if the police failed to check one for presence of drugs in his organism at the time of arrest, which followed the crime immediately)?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 5, 2010, 09:06 PM

    If one is not conscience, how did they do property damage if they were passed out ?

    Next you can always claim this as a defense but you will have to prove someone spiked the drink, since merely being drunk yourself, is not an excuse

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