Where an accused claims unawareness that a weapon was in hand when striking a blow, the prosecution must prove the accused made a conscious choice to strike knowing the weapon was present; this applies to both murder and manslaughter by unlawful and dangerous act. Trial judges must leave open the possibility of acquittal and direct on voluntariness notwithstanding defence counsel's concession of guilt of a lesser offence. Directions on intoxication must be related to the specific facts and must distinguish between knowledge of the weapon and the specific mental states required for murder.
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