1B - Intoxication - Case List

Question 1

Kingston

Answer 1

• Drunked intent is still intent
• The effect of the intoxication was such that the D, as a result of the intoxication was unable to form the necessary mens rea

Question 2

Sheehan and Moore

Answer 2

If the D was too drunk to have formed any intention, they dont have the mens rea for the offence allowing intoxication to be a defence

Question 3

A-G for NI v Gallagher

Answer 3

If the D forms the intention to kill before becoming intoxicated the defence is not allowed

Question 4

Majewski

Answer 4

Voluntary intoxication is not a defence for basic intent crimes such as being voluntarily intoxicated is a reckless course of conduct

Question 5

Lipman

Answer 5

Voluntary intoxication could be a defence to specific intent if it prevented the D from forming the mens rea but cannot be a defence to manslaughter reduces charge to basic intent

Question 6

Hardie

Answer 6

Where the D takes a prescription drug or non-dangerous drug, this may be treated as involuntary intoxication if the D suffers from an uncommon reaction

Question 7

O’Grady

Answer 7

Getting drunk is a reckless course of conduct

Question 8

Hatton

Answer 8

An intoxicated mistake as to the amount of force needed in self defence was not a defence to a specific intent offence

Question 9

Richardson and Irwin

Answer 9

If it can be proven that even if the D had been sober, he would not have realised this