1B - Intoxication Flashcards
What is intoxication?
Where the D was under the influence of alcohol and/or drugs (prescribed or otherwise) or other substances at the time of committing the offence
Why do policy arguments reject intoxication as a factor to consider in criminal cases?
An intoxicated D should not be treated more favourably than a sober defendant
Drunken intent is still intent
Criminal liability requires actus reus and mens rea
intoxication can have an effect on the defendant’s state of mind
So courts have taken a strict liability approach as to when this will be allowed as they recognise that getting intoxicated through drugs or drink is reckless course of conduct in itself
What is voluntary intoxication?
the D of his own free will decides to take an intoxicating substance for example alcohol, prescribed drug or an illegal drug
What is involuntary intoxication?
the D does not know they are takinh alcohol or intoxicating drugs for example spiking a drink with alcohol or drugs or if a person takes a prescribed drug in accordance with the instructions but the drug has an undesired effect
What is a basic intent crime?
crimes for which the mens rea includes recklessness
What is a specific intent crime?
crimes for which the mens rea is ONLY intention
What is the thought behind distinguishing between specific and basic intent crimes?
If D has become voluntarily intoxicated, their conduct is reckless and therefore they have the required mens rea of a basic intent crime
What are some examples of basic intent crimes?
assault s.39 CJA 1988 battery s.39 CJA 1988 ABH s.47 OAPA 1861 s.20 OAPA 1861 Unlawful Act Manslaughter
What are some examples of specific intent crimes?
s.18 OAPA 1861
Murder
Is voluntary intoxication a defence for basic intent crimes?
NO as being voluntarily intoxicated is a reckless course of conduct
What if the D is voluntarily intoxicated and commits a specific intent crime?
Intoxication is available as a defence and will reduce the specific intent crime to a basic intent crime, providing there is a lesser charge available (s.18 to s.20, murder reduced to manslaughter)
Lipman
What is the mens rea for the specific intent crime was formed prior to the intoxication?
‘dutch courage’
no defence
What if the D is involuntarily intoxicated and commits a crime?
Involuntary intoxication may be a defence to specific and basic intent crimes
Most common example is where a drink has been spiked and these cases it must be shown the effect of the intoxication was such that the D, as a result of the intoxication, was unable to form the necessary mens rea
What if a person takes a prescription/non-dangerous drug voluntarily that has an undesired effect, as opposed to a ‘soporific or sedative’ effect?
Where the D takes a prescription drug or a non-dangerous drug, this may be treated as involuntary intoxication if the D suffers from an uncommon reaction
Hardie
Whereas if they take a dangerous drug like ecstasy, known for causing various effects such as hallucinations, this would still be deemed voluntary intoxication
