Where a jury specifically asks for an explanation of 'reckless indifference' during deliberations in a rape trial, a direction along the lines of Wozniak and Pendry is essential. A direction on intoxication in the context of rape must focus on the fact of intent (whether the accused actually had the requisite state of mind) rather than on capacity to form intent. The trial judge must direct on intoxication as a defence where the evidence fairly raises it, even if defence counsel has not raised the issue.
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