1924         [CROWN CASE RESERVED .]

Present: Bertram C.J., De Sampayo J., and Garvin A.J.

 THE KING v. RENGASAMY.

3-P. C. Kegalla, 2,522.

Murder committed while in a state of drunkenness-Self-induced intoxication-Penal Code, ss. 78, 79, and 294-Knowledge-Intention.

In all cases of self-induced intoxication it is a question of fact for the jury, whether the accused actually entertained the intention necessary to constitute the crime.

Section 79 is intended to deal with two classes of cases :-

(a) Cases in which knowledge is an essential element of the crime.

(b) Cases in which intention is an essential element of the crime.

In the first of these cases it imputes to the drunkard the knowledge of a sober man. In the second of these cases it also imputes to the drunkard the knowledge of a sober man in so far as that knowledge is relevant for the purpose of determining his intention.

What is the knowledge referred to ? In the first case it is the knowledge specified in the Code as the essential element of the crime. In the second case it is the " knowledge of the nature and consequences of the act." The law does not allow the drunkard to say