Criminal law — Intoxication Flashcards
Allen
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
AG for Northern Ireland v Gallagher
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.
Who is the burden of proof on?
The D to prove not only they were drinking but the degree to which they were impaired.
When can intoxication be involuntary?
- D’s soft or alcoholic drink was spiked
- D takes drugs as prescribed by his doctor
- D takes a non-dangerous drug, although not prescribed, in a non-reckless way
Hardie
Taking dangerous drugs might be conclusive proof of recklessness. With non-dangerous drugs it shut be decided whether the taking itself was done recklessly. If it was then this ween be voluntary intoxication.
