Defence - Intoxication Flashcards
1
Q
What are the two types of Intoxication and which case defined these
A
Dangerous and Non Dangerous
Bailey; Hardie [1984]
Can be voluntary or involuntary intoxicated
2
Q
Types of dangerous intoxicants
A
Alcohol
Heroin
Amphetamines
Drugs know to cause aggression or unpredictability
3
Q
Types of non dangerous intoxicants
A
Anti-depressants
Soporific
Sedative
4
Q
Name a case where D was involuntarily intoxicated
A
Bailey; Watkins Davies [2001]
Unaware effect of prescribed drug
5
Q
Name a case of voluntary intoxication
A
Majewski [1977]
Evidence of intoxication may be sufficient to negate mens rea of offence
Court can’t condone drunken behaviour
6
Q
Thoughts on intention of Intoxication
A
No defence to crime of basic intention.
May be specific intention if D lacks requisite intention
