Intoxication Flashcards
What is intoxication?
The defendant must be so intoxicated that he/she could not form the mens rea for the offence
What is guilt based on in intoxication?
- Whether the intoxication is voluntary or involuntary
- Basic or specific intent
What is voluntary intoxication?
Defendant chose to take the substance or the defendant ought to have knew the effect before they took the substance.
It is a defence for basic intent as it is reckless
What was held in R v Sheehan and Moore?
(Intoxication)
The test is whether because the defendant was so intoxicated they could not form the intent.
What was held in R v Lipman?
(Intoxication)
The defendant was incapable of forming the required mens rea for murder but was convicted of manslaughter due to having basic intent
What was held in Attorney General for Northern Ireland v Gallagher?
(Intoxication)
The defendant drank whiskey for the courage to kill his wife.
Because the mens rea was formed before he became intoxicated, intoxication couldn’t be used
What was held in DPP v Majewski?
(Intoxication)
The defendant’s voluntary intoxication was reckless and reckless conduct formed the mens rea of his offence
What is involuntary intoxication?
The defendant did not know that they were taking the substance or D couldn’t have known the side effects
What was held in R v Kingston?
(Intoxication)
D will be guilty if, even when intoxicated, they still formed the mens rea of the offence
What is an intoxicated mistake?
The defendant is mistaken by a key fact due to their intoxication
Why is recklessness ambiguous in intoxication?
Recklessness in becoming intoxicated means the defendant knew there was a risk of them doing something ‘stupid’, not that they are at risk of doing something unlawful
What was held in R v Allen?
When a substance is consumed voluntarily, ignorance to its strength or effect doesn’t make it involuntary
