DPP v Kellet (1994) 158 JP 1138


The defendant was charged with allowing an unmuzzled dangerous dog to be in a public place, contrary to section 1 of the Dangerous Dogs Act 1991. At the time of the offence the defendant was voluntarily intoxicated. He wished to rely on his intoxication which had led him not to realise that the conduct element of the offence – the “allowing” – had taken place.

Held:

The offence was one of basic intent, even though “allowing” something to happen would normally be said to contain an implicit element of knowledge or belief that something is happening or has happened.

Back to lecture outline on intoxication in Criminal Law