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Aboriginal Law Bulletin (ALB)
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Beacroft, Laura --- "R v R.M.J.E (a Minor) (Criminal law - solvent sniffing)" [1986] AboriginalLawB 63; (1986) 1(23) Aboriginal Law Bulletin 7


Neale v R.M.J.E. (a Minor)

Criminal law – solvent sniffing

Neale v R.M.J.E (a Minor)

Divisional Ct., UK 80 Crim Appeal Review 20,

reported in 49 J of Crlm. Law 299-300,

November 1985.

Casenote by Laura Beacroft

Suppose a person becomes so affected by solvent sniffing that they behave in a disorderly manner. Can they be successfully prosecuted for being drunk and disorderly? In this UK case, a minor was charged under s 12 Licensing Act 1872 (UK) for disorderly conduct. It was agreed that his behaviour was caused by sniffing a solvent, in this case, glue. The Justices of the juvenile court said he had no case to answer. The matter went to appeal to the Divisional Court.

Justice Goff said 'drunk' according to its dictionary, and plain, meaning, did not include a glue sniffer. However, a glue sniffer might be properly described as'intoxicated', although this was not relevant to this case. The court distinguished R v Lipman (1970) 10B 152 on the grounds that it was about intoxication in manslaughter cases. Also Bradford v Wilson (1984) RTR 116, was not relevant to this case since the statute in question there referred to driving whilst unfit through'drink or drugs'. The Divisional Court agreed with the juvenile Justices and said that there was no case to enter.


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