Crime Defences

Question 1

What is the definition of intoxication

Answer 1

Where drugs and alcohol stop the men’s Rea from forming (Kingston)

Question 2

What is involuntary intoxication

Answer 2

Where the defendant did not foresee a possibility of becoming intoxicated. A complete defence to all crimes
R v Hardin

However if they was involuntary intoxicated but still formed the men’s Rea they will still be guilty R v Allen

Question 3

What is voluntary intoxication

Answer 3

Where the defendant had voluntarily put themselves in the position of being intoxicated to the extent that they are not capable of forming the mental element of the crime.

The law draws a distinction between crimes of basic and specific intent - DPP v Beard

Question 4

What crimes are specific intent

Answer 4

Murder

S18 GBH

Question 5

How can intoxication be used for specific intent crimes

Answer 5

Defendant can rely on their intoxication to demonstrate they lacked the men’s rea of the offence. This is subject to the caveat that a drunken intent is nevertheless an intent

Dutch courage also does not count - Attorney General for NI v Gallagher (where a person forms the men’s tees for a crime then drinks in order to enable them to carry out the crime)

Question 6

Describe intoxication in conjunction with ‘mistakes’

Answer 6

Drunken mistakes are generally no defence to crimes of basic intent

R v Forheringham

Question 7

Describe intoxication and self defense

Answer 7

If a defendant is labouring under a mistaken belief they are under attack and acting in self defence they can not rely on the mistaken belief it was induced by voluntary intoxication

R v O’Grady