R. v. Leary
3714091
41659530
2006-02-28T21:52:12Z
155.84.57.253
the use
'''''R. v. Leary''''', [1978] 1 S.C.R. 29, is the leading [[Supreme Court of Canada]] decision on the use of [[intoxication]] as an [[excuse]] to criminal liability which created what is known as the "leary rule". The Court held that when the accused was found the be sufficiently intoxicated at the time of the offence to be unable to form the "minimal mental element" required for a general intent offence, they may still be held liable as the act of inducing intoxication can be substituted for the requirement of [[mens rea]].
==Aftermath==
The "leary rule" was later challenged in the case of ''[[R. v. Daviault]]'', where an exception to the rule was made for when the accused was so intoxicated he was in a state akin to automatism.
==External links==
* [http://canlii.org/ca/cas/scc/1977/1977scc10001.html full text at CanLII.org]
{{Canada-law-stub}}
[[Category:1978 in law]]
[[Category:Supreme Court of Canada cases]]