Defence - Intoxication Flashcards
What is intoxication?
Intoxication is when an individual is under the influence of a substance such as alcohol or drugs.
What sort of defence is intoxication
It is only a partial defence
What is the first element of intoxication?
The first element of intoxication is just if the D is still able to form the mens rea of the crime.
‘Drunk intent is still intent’
bassically, the question is are they drunk enough to the point they cannot form intent to their actions?
What is an exception is this rule?
Prior interest is an exception - for instance where someone drinks for the solo purpose to get themselves drunk enough to commit an offence - known as ‘dutch courage’
In this case intention is formed before the crime.
AG v Gallagher
What is the second element of intoxication?
Was the D voluntarily intoxicated?
What happens if the defendant was NOT voluntarily intoxicated?
As long as they were not reckless in becoming intoxicated, and were intoxicated to the point they could not form mens rea, then the D has a defence
R vs Kingston - drink was spiked but could still form intent
If they are truly found to be involuntary intoxicated and unable to form MR intent. The third element does NOT need to be considered
What is the third element of Intoxication
(voluntary intoxication only)
Was the crime committed of basic or specific intent?
D’s will have a defence to specific intent crimes (Murder, theft, robbery S18 GBH)
D’s will not have a defence to basic intent crimes (S20 GBH, assault, battery ABH)
Key Case = R vs Majewski - use when talking about convictions for basic intent crimes while voluntarily drunk.
What is the difference between specific and basic intent crimes?
Specific are crimes where the MR is intention
Basic are crimes where recklessness is available
What is the significance of recklessness being available for basic intent crimes?
It means intention does not have to be proven for a conviction.
If someone voluntarily drank to the point they could not form MR intent, and killed someone, what charge would they get instead.
Involuntary Manslaughter
What case should be used when discussing if someone had MR while involuntarily intoxicated? (considers whether they were drunk enough to form MR)
R VS KINGSTON
(drink got spiked but found he still had MR / intent when sexually assaulting 15 year old boy)
What case should be used when discussing if someone had MR while being voluntarily intoxicated?
Sheehan and Moore
(The two appellants, in a drunken state, poured petrol over a man and set light to him causing his death)
What case should be used when discussing someone commiting a basic intent crime while voluntarily intoxicated?
R VS MAJEWSKI
(Committed assault (basic intent) at a pub under the influence of drugs)
