Capacity Defence - Intoxication Flashcards
Why is intoxication not considered a defence?
It is looking for whether the intoxication has resulted in the D not having the appropriate mens rea for the offence
Whether or not the D is found guilty depends on (intoxication)…
If Intoxication was voluntary or involuntary
Offence charged is one of specific of basic intent
What are the two types of intoxication?
Voluntary Intoxication
Involuntary Intoxication
What is voluntary intoxication?
D chose to take an intoxicating substance
Cases for voluntary intoxication?
R v Sheehan and Moore
Gallagher
DPP v Majewski
Point of law in R v Sheehan and Moore for intoxication?
Drunk intent is still an intent
Could not form mens rea for murder convicted of unlawful act manslaughter
Point of law in Gallagher for intoxication?
No defence if mens rea existed before intoxication
Point of law in DPP v Majewski for intoxication?
Basic intent offence cannot use voluntary intoxication as it is viewed as reckless
What is involuntary intoxication?
D did not know he was taking an intoxicating substance
What offences can use involuntary intoxication as a defence?
Basic Intent Offences
Specific Intent Offence
Test for involuntary intoxication?
Did defendant have necessary mens rea when he committed the offence? If yes guilty and no defence
Case for involuntary intoxication?
R v Kingston
Point of law in R v Kingston for involuntary intoxication?
Having mens rea before the involuntary intoxication means no defence
