Let us start with a scenario where, 'P' and 'M' were heavily drunk and in a state of drunkenness they started playing a game of gun draw, to find out who was the quickest draw. 'P' ended up shooting 'M' and 'M' dies on the spot. Do you think 'P' is liable for the murder of 'M'? 'P' in his defense said that he was so drunk that he did not know what they were doing. If that was the true state of P's mind (doesn't know at all what he is doing), then can we truly say that he is guilty? Would there be any difference had 'P', not drunk but, accidentally fell down while in possession of a gun and the gun fired killing 'M'? How should we differentiate between P's mental state in these two different scenarios? Surely in neither of these two situations 'P' had any 'intention' of killing 'M', as in the first case he was intoxicated and was not in a position to form any kind of mens rea (mental state) and in the second case he surely was not in control of his actions.
