Capacity defence- INTOXICATION.

Question 1

WHETHER D CAN USE THE DEFENCE DEPENDS ON?

Answer 1

• Whether the intoxication was voluntary or involuntary; and
• Whether the offence charged is one of specific or basic intent.

Question 2

SPECIFIC INTENT OFFENCES?

Answer 2

Are generally those where the mens rea is intent only.

Question 3

BASIC INTENT OFFENCES?

Answer 3

Are generally those where the mens rea includes recklessness.

Question 4

VOLUNTARY INTOXICATION?

Answer 4

Is where D has chosen to take the intoxicating substance.

Question 5

SHEEHAN AND MOORE?

Answer 5

Where D is voluntarily intoxicated, D will have a defence to a specific intent crime provided he is so intoxicated that he has not formed the mens rea for the offence.

Question 6

GALLAGHER?

Answer 6

A drunken intent is still an intent.

Question 7

DPP V MAJEWSKI?

Answer 7

Where the offence charged is one of basic intent then voluntary intoxication is not a defence. D is seen as reckless in getting intoxicated so has the mens rea for the basic intent offence.

Question 8

WILL INVOLUNTARY INTOXICATION PROVIDE A DEFENCE?

Answer 8

Involuntary intoxication will not provide a defence if D had the necessary mens rea at the time of the offence.

Question 9

HARDIE?

Answer 9

Where D did not have the necessary mens rea due to his involuntary intoxication, he will not be guilty of a specific intent offence nor of a basic intent offence.