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Forensic Medicine · Forensic psychiatry: delirium tremens
Sample itemA chronic alcohol-dependent man, three days after stopping drinking, is in a state of delirium with vivid hallucinations of insects. Believing his brother to be an intruder, he kills him. What is the likely legal position?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
D. He may claim the defence of unsoundness of mind, as delirium tremens is a disease of the mind and not mere intoxication
Voluntary intoxication is generally no defence, but delirium tremens is a withdrawal psychosis, a disease of the mind that may impair knowledge of the nature of the act. It can therefore support a plea of legal insanity if the McNaghten criteria are met. The distinction is between being drunk and being mentally ill from alcohol withdrawal.
Option by option
A. The offence is excused only if he was drunk at the time
He was not drunk; the state is withdrawal, so being intoxicated is not the basis.
B. He is absolutely liable for murder because he chose to drink
Past choices to drink do not remove the insanity defence in delirium tremens.
C. He has no defence because all alcohol-related states are voluntary intoxication
Withdrawal delirium differs from voluntary intoxication, so the plea is not barred.
D. He may claim the defence of unsoundness of mind, as delirium tremens is a disease of the mind and not mere intoxication (correct)
Correct. Withdrawal delirium is a mental disorder that can ground an insanity defence.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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