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In ''Rex v Bourke'',〔1916 TPD303〕 an important case in South African criminal law, the Transvaal Provincial Division (TPD) held that, under Roman-Dutch law, drunkenness is, as a general rule, no defence to a crime, although it may be a reason for mitigation of punishment. If the drunkenness is not voluntary—that is, if not caused by an act of the accused—and results in rendering the accused unconscious of what he was doing, he would not be responsible in law for an act done while in such a state. If constant drunkenness has induced a state of mental disease rendering the accused unconscious of his act at the time, he is not responsible and can be declared insane. Where a special intention is necessary to constitute a particular offence, drunkenness might reduce the crime from a more serious to a less serious one. == Facts == The accused was charged before Mason J, and a jury at the Pretoria Criminal Sessions, with the crime of rape upon a European girl, of the age of ten years. It appeared from the evidence that the accused, at the time when he committed the crime, was under the influence of liquor. The presiding judge, in directing the jury, asked them to answer the following questions: Did the accused commit * the crime of rape; * an attempt to commit rape; or * indecent assault? The judge directed the jury that, if they answered one of the questions in the affirmative, they were also to answer the following question: Was the accused unconscious of what he was doing at the time he did it? The jury brought in the following verdict: "We find the accused guilty of indecent assault but are strongly of opinion that at the time he was not responsible for his actions." The presiding judge thereupon asked the jury whether they meant that the accused was unconscious of what he was doing on account of being drunk at the time; the answer was "yes." The matter then went to the TPD. The question reserved for that court was whether, upon this verdict, the accused should be acquitted or convicted or declared a criminal lunatic, under Proclamation 36 of 1902. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Bourke」の詳細全文を読む スポンサード リンク
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