DEFENCES Intoxication

Question 1

2 things to consider in intoxication

Answer 1

Was the intoxication voluntary or involuntary

Was the crime of one of basic or specific intent

Question 2

Explain voluntary intoxication

Answer 2

D takes drink / drugs of his own free will

Question 3

Explain involuntary intoxication

Answer 3

D does not know he is taking alcohol or intoxicating drugs

Question 4

Involuntary Intoxication - Did it remove MR?

Answer 4

Removed D’s intention and D was unable to form the MR of the offence, intoxication is a complete defence

Kingston - Intoxicated intent is still intent
Allen - not realising the strength of alcohol or drugs will not be classed as involuntary intoxication

Question 5

Voluntary Intoxication - Basic and Specific intent crimes

Answer 5

Basic - include subjective recklessness in mens rea

Specific - do not include subjective recklessness in the mens rea - intent is required

Question 6

Case and law for basic intent crimes

Answer 6

General principle - voluntary intoxication is not a defence to crimes of basic intent

Majewski - voluntary intoxication only a defence to crimes of specific intent not basic intent as voluntary intoxication is itself is reckless

Question 7

Law for specific intent crimes - did intoxication remove D’s MR

Answer 7

Voluntary intoxication can be raised as a defence to crimes of specific intent if intoxication must remove D’s MR

BUT may still convicted of a corresponding lesser basic intent offence that only requires subjective recklessness for MR

Question 8

Voluntary intoxication cases

Answer 8

Lipman - voluntary intoxication can be a defence to murder but not manslaughter as manslaughter is basic intent