Criminal Law 6 Defences COPY Flashcards
In what 2 ways can the defence of intoxication work?
- negate the mens rea of an offence
- influencing factor on another legal principle/defence
When can intoxication operate to negate the mens rea?
Any crime where:
- involuntarily taken
- medical treatment taken voluntarily
- non-dangerous drugs taken voluntarily
(But only when intoxication negates men’s rea)
- specific intent needed (i.e. offence can’t be committed recklessly)
What does not count as involuntary intoxication?
Where D is aware they’re drinking alcohol but mistaken as to its strength
If someone was voluntary intoxicated by dangerous drugs/alcohol, and committed a specific intent crime, is intoxication defence available?
Yes: ask if D still formed the necessary mens rea?
If someone was voluntary intoxicated by dangerous drugs/alcohol and committed a basic intent crime, is intoxication defence available?
Less likely: ask would D have seen the risk if sober
E.g.
- throwing stones would have realised risk if sober - no defence
- smashed window because tripped when drunk - defence
How do intoxication and self-defence interact?
drunken mistake as to need for self-defence doesn’t count
How does intoxication interact with loss of control defence?
Loss of control defence cannot be approached with reference to intoxication
- But, if D is taunted as to his intoxication, can take it into account when consider gravity of qualifying trigger
- If D is addicted, this characteristic given to normal person test but normal person still has normal levels of tolerance/self-restraint and is sober
How does intoxication interact with diminished responsibility?
Depends on if the intoxication is:
a) independent of abnormality
b) as a result of ADS
If intoxication is independent of mental abnormality, what is asked?
If despite intoxication,
- suffering from mental abnormality
AND
- mental abnormality substantially impaired his mental responsibility
If intoxication is a result of ADS, what is considered?
- Whether ADS led D to drink, even if there was an element of choice
- If it was, D’s responsibility was impaired.
(Attempts to rely on voluntary/temporary drunkenness even if based on habitual binge drinking, is not sufficient)
What can self defence only be used to protect against?
Imminent attack of physical force (not a threat to one’s peace of mind)
What is the test for self defence?
- D honestly believed use of force was necessary
- Level of force was objectively reasonable in the circumstances as D believed them to be
What kind of defence is self-defence?
A complete defence against all crimes
Is anticipatory self-defence allowed?
Yes
Can self-defence be used by an antagonist?
Yes