Does the Court of Appeal have any authority on the defence of drunkenness?
Alberta, Canada
The following excerpt is from R. v. MacKenzie, 1982 ABCA 334 (CanLII):
Further, on the authority of The Queen v. Vasil (1981) 1981 CanLII 46 (SCC), 58 C.C.C. (2d) 97 (S.C.C.) we cannot say that the jury were not misled on the defence of drunkenness in that they may well have been left with the impression that the incapacity had to be proven by the appellant.
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