[In Revision]

Present: Pereira J.

ANDRIS v. DON CHARLES.

P. C. Colombo, 43, 575.

Theft-Accused drunk-Intention necessary to constitute offence.

When a crime is such that the intention of the party committing it is one of its constituent elements, the fact that the accused was drank may be taken into consideration in deciding the question whether he had the intention necessary to constitute the crime.

THE accused in this case was charged under section 367 of the Penal Code with having committed theft of a necklace, and was sentenced to undergo one month's rigorous imprisonment.

He moved the Supreme Court by way of revision.

De Jong, for the petitioner (accused). -Section 79 of the Penal Code enacts that if a particular knowledge or intention is necessary to constitute an offence, the accused, if drunk, is liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated. The section does not say "as if he had the same intention or knowledge. "

Garvin, Acting S. -G., was heard as amicus curiæ. He admitted that English authorities were in favour of the view that drunkenness is an element to be cons