Capacity Defences - Intoxication

Question 1

How does the defence of intoxication count?

Answer 1

D must be so intoxicated s/he were incapable of forming the mens rea

Question 2

Define voluntary intoxication

Answer 2

Where D has chosen to take an intoxicating substance

Question 3

Examples of voluntary intoxication

Answer 3

R v Sheehan & Moore - “drunken intent is still intent” ; still charged with manslaughter as drunken mistake is recklessness

Question 4

Voluntary intoxication and basic intent case

Answer 4

Majewski- becoming intoxicated by drink and/or drugs is a reckless cause of conduct - recklessness is is enough to constitute the necessary mens rea for basic intent

Question 5

What is involuntary intoxication?

Answer 5

D is intoxicated through no fault of his own and did not realise the effect E.g. spiking, unexpected effects of a prescribed drug

Question 6

Case to involuntary intoxication

Answer 6

R v Kingston - HoL upheld conviction since : if D had formed mens rea before becoming involuntarily intoxicated defence does not count

Question 7

What is voluntary intoxicated mistake

Answer 7

D is mistaken about a key fact because s/he was intoxicated

Question 8

Is there a defence to (voluntary) intoxicated mistake

Answer 8

• There is a defence for specific intent if D did not have the necessary mens rea
• An offence of basic intent does not provide a defence for D
• if mistake was made about another aspect E.g. amount of force needed for self-defence

Question 9

Examples for intoxicated mistake

Answer 9

• R v O’grady - intoxicated and made mistake of how much force was need; guilty
• R v Hatton - a drunken mistake about amount of force needed in self-defence is not a defence