R v Asmelash [2013]

R v Asmelash [2013] 1 Cr App R 33 revolved around the relationship between voluntary intoxication and the defence of loss of control under Section 54(c) of the Coroners and Justice Act 2009.

The defendant was insulted and taunted by the victim while the defendant was drunk. Subsequently, the defendant stabbed the victim to death. During the trial, it was argued that the judge's direction to the jury, which excluded evidence of intoxication in relation to the loss of control defence, was incorrect.

The appeal was dismissed, and the judge's direction was deemed correct. Lord Judge CJ clarified that the defence of loss of control should be approached without reference to the defendant's voluntary intoxication. According to the judgment, the circumstances in Section 54(c) of the Coroners and Justice Act 2009 do not include voluntary intoxication as a relevant factor.

Lord Judge CJ further emphasised that, similar to the provocation defence, judicial directions should be framed with reference to a reasonably sober person. Voluntary intoxication, in this context, is not considered as part of the circumstances relevant to the loss of control defence.

However, the judgment also acknowledged that different considerations might arise if a defendant had a severe problem with alcohol or drugs and was mercilessly taunted about that condition to the extent that it constituted a qualifying trigger. In such a case, the alcohol or drug problem could potentially form part of the circumstances for consideration in the loss of control defence.

This case illustrates the court's position that, in general, voluntary intoxication should not be factored into the loss of control defence unless it is directly related to the qualifying triggers specified in the legislation.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.