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Trust Territory v Jima [1972] TTLawRp 39; 6 TTR 91 (29 September 1972)

6 TTR 91

TRUST TERRITORY OF THE PACIFIC ISLANDS

v.

AMON JIMA

Criminal Case No. 437
Trial Division of the High Court
Palau District

September 29, 1972

Prosecution for aggravated assault. The Trial Division of the High Court; D. Kelly Turner, Associate Justice, found that defendant was too intoxicated to form the requisite intent and found him guilty of the lesser included offense, not requiring intent, of assault and battery with a dangerous weapon.

1. Criminal Law - Intent - Intoxication

Intoxication is not an excuse for commission of a crime, but is a matter to be considered in connection with criminal intent.

2. Assault and Battery With a Dangerous Weapon - Dangerous Weapon - Automobiles

An automobile is a dangerous weapon, within meaning of statute making assault and battery with a dangerous weapon a criminal offense, when it is deliberately driven at someone. (11 T.T.C. § 204)

3. Assault and Battery With a Dangerous Weapon - Intent

Where it appeared from the evidence that defendant charged with aggravated assault in that he drove at and hit another person was so intoxicated as to be incapable of forming the requisite intent, he would be found guilty of lesser included offense, not requiring intent, of assault and battery with a dangerous weapon.

TURNER, Associate Justice

This criminal case raises the question as to what effect, if any, voluntary intoxication has upon a committed offense. Defendant, a seaman on the Yap Islander, was charged by the District Attorney's Information with the offense of aggravated assault.