Capacity Defences: Intoxication Flashcards
1
Q
What are the restrictions on using this defence
A
- only refers to intoxication by alcohol and dangerous drugs
- only a defence if it can be proved that D is intoxicated + can’t form mens Rea of the offence
2
Q
Whether D is guilty or not depends on what 2 factors
A
- whether intoxication was voluntary/involuntary
- whether the offence charged is specific or basic intent
3
Q
What is involuntary intoxication
A
- when D is not aware they are consuming an intoxicant e.g. they have been spiked
4
Q
What is the case law for involuntary intoxication
A
Kingston
5
Q
What is voluntary intoxication
A
Where D is voluntarily intoxicated + charged with a specific intent offence
- his intoxication means he did not forms the men’s Rea + cannot be guilty of the offence
6
Q
What is the case law for voluntary intoxication
A
R v Sheehan and Moore
