STATE OF NEW JERSEY V. R.T.
A-1131-06T4
12-16-09
The majority reversed defendant's conviction for multiple
counts of first-degree aggravated sexual assault and one count
of second-degree endangering the welfare of a child finding
defendant's right to a fair trial was prejudiced by the court
charging the jury with intoxication as possibly negating an
element of the crime, over defense counsel's objection. The
facts in evidence do not clearly indicate a rational basis for
the conclusion that defendant suffered such a "prostration of
faculties" as to render him incapable of forming the requisite
mental state to commit the crimes and the instruction interfered
with defense counsel's stated trial strategy.
The dissent found the trial court's discretion to give a
"road map" instruction on voluntary intoxication is not limited
to cases in which the charge is "clearly indicated" by the
evidence. Since the charge did not have the capacity to lead to
an unjust result here, the trial court did not commit reversible
error in giving the charge.
