R. V. Daviault - Background

Background

On May 30, 1989, Henri Daviault, a chronic alcoholic, was asked to get some alcohol for a friend of his wife. The woman was a semi-paralyzed 65 year old and required a wheelchair. Daviault brought a 40oz of brandy to the woman's house around 6pm. She drank half a glass and then passed out. Daviault drank the rest of the bottle while she slept. Some time in the evening she went to the washroom and was accosted by Daviault who took her into the bedroom and sexually assaulted her. Daviault was arrested and charged for sexual assault.

Daviault testified that prior to the event he had drunk over seven beers at a bar, and after drinking some brandy at the woman's house he has no recollection of what had happened until he woke up naked in the woman's bed.

At trial, he argued that during his blackout he was in automatism-like state brought about by intoxication. An expert witness in pharmacology testified to the likelihood of the defence, and that having drunk as much as he did there was little chance he could have functioned normally or been aware of his actions.

Based on the testimony of the pharmacologist, the trial judge found that Daviault was unable to form a general intent to commit the crime and therefore could be acquitted.

The Quebec Court of Appeal overturned the acquittal ruling that intoxication to the point of automatism cannot negate the mens rea requirement for a general intent offence (i.e. offences where mens rea can be implied from the commission of the act).

The issue before the Supreme Court was whether "a state of drunkenness which is so extreme that an accused is in a condition that closely resembles automatism or a disease of the mind as defined in s. 16 of the Criminal Code constitute a basis for defending a crime which requires not a specific but only a general intent?"

The Court held, 6 to 3, that the absence of a defence for a general intent offence on the basis of intoxication akin to insanity or automatism violated section 7 and 11(d) of the Charter, and could not be saved under section 1. They overturned the verdict and ordered a new trial.