A trial judge's reference to 'capacity' to form intent in an intoxication direction does not necessarily constitute a misdirection if, read in the context of the summing-up as a whole, the jury would have understood their task was to determine whether the accused actually formed the requisite intent. The issue should never be stated in terms of capacity alone, but an isolated reference to capacity in an otherwise correct direction may not divert the jury from their proper task.
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