Where a murder trial involves both a s 23A substantial impairment defence and evidence of intoxication, the trial judge's directions on mens rea must make clear that the accused's psychiatric condition (not just intoxication) is relevant to the question of intent. However, the summing up is to be assessed as a whole, and the specific mention of intoxication in the context of intent does not, without more, create a risk that the jury will treat psychiatric evidence as immaterial to mens rea. Defence counsel's failure to seek redirections at trial is a significant factor in assessing whether leave should be granted under r 4 of the Criminal Appeal Rules.
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