Criminal 9: Intoxication Defence

Question 1

When can Involuntary Intoxication negate MR?

Answer 1

Only if D did not form the necessary MR
- must show basically no intent

NOT the case
- if intent was due to own desire as drunken intent is still intent

Question 2

What is not involuntary intoxication

Answer 2

1. mistake as to strength of
2. Part Voluntary part Involuntary
   - ie. given a double shot thinking it was single
   - court to consider how each part (voluntary vs involuntary effected them)

Question 3

When can voluntary intoxication negate MR

Answer 3

1. By non dangerous drug
   - consider drunken intent (normal rule)
2. By Dangerous Drug or Alcohol
   - for specific intent crimes consider drunken intent (normal rule)
   - Basic Intent Crime will likely be found reckless = MR

Question 4

What is a non-dangerous drug

Answer 4

• Where no such common knowledge that it results in dangerous, aggressive or unpredictable behaviour
• Might include Valium

Question 5

When is intoxication never a defence

Answer 5

Strict Liability Offences
- speeding

Question 6

In what situations can you use self defence be a defence?

Answer 6

To protect from physical harm
- yourself (life limb)
- someone else (life limb)
- property
- prevent a crime
- assist in the arrest of an offender

Question 7

What is the test for self defence?

Answer 7

1. Honestly (subjectively) believed it was necessary
   - even if mistaken (unless due to intoxication)
2. Level of force used must be objectively reasonable in the circumstance

Question 8

Can initial person committing crime rely on self defence?

Answer 8

Yes
- if trespasser and attacked by landowner

EVEN
- if started fight and other party responses with violence so out of proportion that roles are reversed

Question 9

What is the level of force householder can use in self defence?

Answer 9

If
- in a dwelling (including if mixed property but place of buisness is ached by internal passage);
- D not a tresspasser;
- believes V to be a trespasser

Then can use force:
- so long as it is not grossly disproportionate or so disproportionate to be unreasonable
- court will consider heat of the moment

Question 10

When can necessity be used as defence?

Answer 10

If D was having to decide between lesser of two evils
- The act was required to avoid some inevitable evil;
- The defendant only did what was reasonably necessary; and
- The evil inflicted was not disproportionate to the evil avoided

Question 11

When is necessity not available

Answer 11

For murder

Question 12

When is duress available as defence

Answer 12

If D was subjected to threats and committed an offence to avoid the threat being realised

Requirement
- threat of death or serious injury
- threat must be against you or someone close (feel responsible for)
- must be immediate so not ability to evade
- A person of reasonable firmness with the D’s characteristics would have acted the same

Question 13

When can defence of duress not be used?

Answer 13

• murder
• you have voluntarily associate with the maker of the threat, knowing they have violent criminal tenancies