Defence - Intoxication

Question 1

What are the two ways whereby intoxication can serve as a defence?

Answer 1

• negating the mens rea of an offence
• influencing factor on another legal principle of the defence

Question 2

What happens if due to intoxication D did not form the necessary mens rea?

Answer 2

D will be entitled in some circumstances to a full acquittal

Question 3

If D is intoxicated but forms the necessary mens rea anyway will D be able to rely on the defence of intoxication?

Answer 3

No - drunk intent is still intent

Question 4

How will the defence operate where D has been involuntarily intoxicated?

Answer 4

D will may have defence for any type of crime if they can prove they did not form the necessary mens rea

Question 5

Will D being aware they are drinking alcohol but unaware of the strength mean they are involuntarily intoxicated?

Answer 5

No

Question 6

If D is involuntarily intoxicated, but still forms the mens rea is it any defence to say they would not have committed the offence whilst sober?

Answer 6

No

Question 7

Where the defendant is voluntarily intoxicated with dangerous drugs/alcohol, when might the defence of voluntary intoxication be able? And when will it not be?

Answer 7

May still be available where the crime requires specific intent

Will not be available where crime is one of basic intent ie recklessness if D would have foreseen the risk of had they been sober?

Question 8

Where the defendant is voluntary intoxicated with non-dangerous drugs/alcohol, when might the defence of voluntary intoxication be available

Answer 8

Where they did not form the necessary mens rea

Question 9

What are dangerous drugs?

Answer 9

Drugs that are likely to cause the taker to become aggressive, or to do dangerous or unpredictable things

Alcohol and illegal drugs

Question 10

What are non-dangerous drugs?

Answer 10

No such common knowledge that drug would make your more aggressive/unpredictable or dangerous.

Question 11

What are basic intent offences?

Answer 11

Offences which D can be convicted of on basis of recklessness

Question 12

What are specific intent offences?

Answer 12

Where intention is the only form of mens rea available

Question 13

What are examples of basic intent offences?

Answer 13

• unlawful act manslaughter
• gross negligence manslaughter
• malicious wounding/inflicting GBH (s 20)
• Assault occasioning ABH
• Battery
• Assault
• basic criminal damage and aggravated criminal damage
• burglary under s 9(1)(b) where D fulfilled last element by causing GBH

Question 14

What are examples of specific intent offences?

Answer 14

• Murder
• s 18 GBH
• Theft
• robbery
• burglary under s 9(1)(a)
• s 9(1)(b) burglary where D stole or attempted to steal/GBH
• attempts