capacity defences

Question 1

what is needed to raise intoxication

Answer 1

vol/invol
basic/specific

Question 2

voluntary intoxication

Answer 2

d takes drugs and alcohol-lipman
drugs and alcohol stronger than what they think-allen
d reckless in way which take drug or alcohol-hardie

Question 3

invol intoxication

Answer 3

spiked drink-kingston
non dangerous drug in a non reckless way-hardie

Question 4

specific intent

Answer 4

requires intent to be satisified-majewski

Question 5

basic intent

Answer 5

doesnt require intent only recklessness or negligence

Question 6

how to get defence of intoxication with basic intent

Answer 6

defendant show would not have realised the risk when sober
Richardson and Irwin

Question 7

can d still argue intoxication if mr was formed prior to intoxication

Answer 7

no defence AG for northern ireland v gallagher

Question 8

insanity-mnaughten rules

Answer 8

defect of reason
inability to use defect of reason-clarke
caused by disease of mind legal rather than medical term
d doesnt know quality of his actions-R v Oye
didnt know what he was doing-windle

Question 9

automatism

Answer 9

involuntary act done by muscles without any control of the mind-bratty
due to external factor musnt be self induced-quick