Criminal law — Intoxication Flashcards
1
Q
Allen
A
Intoxication remains voluntary even where D did not know the strength of alcohol or drugs.
N.B Where MR is former priory to intoxication the intoxication will be no defence
2
Q
AG for Northern Ireland v Gallagher
A
D decided to kill his wife. Bought whisky and knife. He got drunk, then killed his wife. Even though at the time he was unable to form the MR for murder (a specific offence), this had been formed prior to the alcohol. Dutch courage.
Burden of proof is on D to prove not only they were drinking but the degree to which they were impaired.
