German tourist admits to stabbing Japanese man on Nagasaki street

But lawyers for Tobias Gross, 25, told the Nagasaki District Court that they will contest his criminal responsibility, claiming the crime was committed under the influence of alcohol causing a "different personality to come to the fore."

If it works for Japanese its got to work for foreigners! (Then I woke up)

The old I was drunk at the time defense!

never fails...unless you are a foreigner

In many countries nowadays having been affected by drugs,such as "Ice",seems to be a valid excuse for lessening the seriousness of the offence and accordingly the severity of the punishment.

 claiming the crime was committed under the influence of alcohol

yeah that might work here!

What on earth possessed the dude to carry a knife in Japan?

ive never lived in a “safer” country.

Musing tge drunk defense???

this should be an interesting outcome.

Prosecutors rejected the defense, although they acknowledged the defendant was drunk when he stabbed the Japanese man several times in the neck in the southwestern Japanese city in the early hours of Aug. 3, 2017.

Look at that date. I'll bet immigration will go after his arse for overstaying his visa too!

I am always amazed at the speed, or lack there of, that the justice system works here. In other cases involving foreigners, the case went from the "investigative phase" to court trial in less than 6 months. This one, over 1 year has lapsed. I would venture a guess it because the cops couldn't force a confession from the guy and they gave up and took him to court anyway.

There is probably no argument that he committed the crime, just whether or not his defense lawyers can convince a court, and maybe a lay jury, that he was somehow mentally unstable at the time and deserves a stay in the hospital rather than prison.

They sure don't waste any time with foreigners.

What the hell was this nut doing in Japan ?

I think being drunk should I add to the charges like if he was driving and had an accident

i think we can all agree that booze can change people and make them do things they otherwise wouldn’t.

So there is a defense.

But there shouldn’t be!

if you are one of those people the message should be clear.... stay off the hard stuff.

Drunk jokes apart, another nutcase spoiling it for foreigners.

They sure don't waste any time with foreigners

I guess. Especially if they get drunk and stab someone

Yes, the “I was drunk” excuse gets thrown around way too much all over the world.

But do all you who claim it as Japan’s go-to out of jail card have any anecdotal evidence of the drunken excuse leading to a lighter sentence?

the crime was committed under the influence of alcohol causing a "different personality to come to the fore."

That's new.

I guess we can all now claim multiple personality disorder like Dr Jekyll & Mr Hyde every time we drink..

So has this guy been in detention for over a year? Attempted murder is a serious charge of course, but a year seems like a very long time.

The problem is not the alcohol, it is him. He should know his limits, 25 yo is not a baby.

@BeerDeliveryGuy

But do all you who claim it as Japan’s go-to out of jail card have any anecdotal evidence of the drunken excuse leading to a lighter sentence?

There was a time when that was an excuse that could get a lighter sentence and yes, even an acquittal in Japan.

Not these days though.

I wonder what Tobias Gross was drunk on. Just curious as to what he drank that made him feel like creating a bit of mayhem. Did he try sake? I've tried sake a few times but not enough to make me want to light a shirt or stab a random stranger in the neck. Or perhaps he had beer. Maybe Gross had his first alcoholic drink/binge in Japan. That might be the defense his lawyers are going for with the "different personality to come to the fore."

Looks like some part got lost in translation: you are supposed to say that you don't remember anything when you go with the drunken excuse. Admitting to the charge is, in the court's eye, juxtapose to being drunk!

We should not allow being drunk to be an excuse for committing a crime. Then maybe fewer people would get drunk.

So if I crash and injure others while DUI, could I claim "different personality to come to the fore"? Throw the book at him. This guy is a menace to the public.

Burning up a shirt then going out and stabbing a random person in the neck multiple times? He probably knew what type of drunk he was and should have put the bottle down a long time ago.

I really dont get this "I was drunk, drugged or whatever " excuse .. in my mind this should double the punishment and not lessen it.

People make a choice to get drunk or take drugs and they must take full responsibility for anything they do whilst under the influence of said drink or drugs.

Drunkenness is not acceptable as a defence!!!

Intoxication may be taken into consideration but ALL it does is negate intent and, lead to a lesser charge. It's NEVER a complete defence.

"Can I use being drunk as a defence to a criminal act?

Research from the Office for National Statistics reveals that 47% of violent crimes carried out in England and Wales are committed while the offender was under the influence of alcohol. Although someone who is drunk could claim that they lacked the necessary mens rea in committing the crime, this will not therefore, as a matter of public policy, usually be allowed as a defence."

"https://www.inbrief.co.uk/offences/being-drunk-as-a-criminal-defence/"

This is the state of the law in most civilised places; however given most of you claim Japan is "uncivilised" maybe they do have different rules down there after all!

claiming the crime was committed under the influence of alcohol causing a "different personality to come to the fore."

Lol! This made me laugh out loud. They know very well they have no chance with this defense.

He’s in the right country for that legal defence. I wonder if he reads this website.

The prosecutors office dilemma is that they do not have mens rea.

This could explain why he has been in detention for so long. Detention centers in Japan are designed to cause inmates maximum stress and anxiety.

Judges do not question this.

The ironic thing is, is that if a person is in full control of their mind at the the time of an aledged offence, after such a length of time in a detention center, there is a good chance that they have become mentally disturbed by the time the case comes to court.

Judges seem oblivious to this too.

I wonder how much compensation the victim will demand.

The  "I was drunk and don't remember"  line certainly applies to me. I go out and get melted and have no recollection of the night before.

The only difference between me and this dude is I don't go out gutting people.

I don't want him to be made an example of because he is a foreigner...that's discrimination and illegal almost every other country I've ever lived in.

No...I want him to be punished to the same level as if he were a Japanese citizen.

There is no message to send out to foreigners here!

i think we can all agree that booze can change people and make them do things they otherwise wouldn’t.

but thats just it people should control how much they consume over drinking can become dangerous for yourself and others,same with people who take drugs. My car can produce over 400hp when I turn up the boost, and Id love to drive it at 160km/h everywhere, but that would be stupid and dangerous so I follow the speed limits (majority of the time) I dont drink so Ill never have the problem of being intoxicated. This BS argument of being drunk is just that, easy excuse to fall back on every time somebody is accused of a crime and try to get a lighter sentence. If your too weak minded to control your drinking then guess what get help or stop F drinking

The "I was drunk" defense might work for running around naked with a lampshade on your head, but nearly killing a poor man who was just going about his business IN HIS OWN COUNTRY? Yeah, not so much.

Give him 15 years of kneeling seiza in a yellow square painted on a cold concrete floor to think about it.

The "I was drunk" defense might work for running around naked with a lampshade on your head, but nearly killing a poor man who was just going about his business IN HIS OWN COUNTRY? Yeah, not so much.

Actually, we do not know what business the victim was going about before this incident happened.

No...I want him to be punished to the same level as if he were a Japanese citizen.

I trust this applies to victim compensation ad well.

If it works for Japanese its got to work for foreigners! (Then I woke up)

The old I was drunk at the time defense!

never fails...unless you are a foreigner

No Japanese has ever stabbed someone multiple times in the neck and got off lightly with the drunk excuse. If you don't like hard punishment for foreign people in Japan, then don't visit here and stab locals in the neck. In some countries that German guy would be toast.

I am very much for victim compensation. I know it leaves much to be desired in Japan.

We've all seen on here the miserable compensation paid out for life changing injuries both mental and physical.

Put him to prison or more reasonably to psychiatric place for a few years at least.

He stabbed someone in the NECK? Just what personality was hiding in this psycho waiting to be let out?

A would-be killer.

Ive been told that the prisons in Hokkaido in winter are not the most of comfortable. best take an extra blanket with you.

I wonder how much compensation the victim will demand.

More like has, and has it been paid or not will make a difference in the trial as well as a sign of remorse.

If he has paid, it will more than likely lessen the sentence than if he had not.

The 'I was drunk excuse' now being used by non-Japanese. Do they teach this in Japanese law schools? It doesn't excuse what he did.