Defences: Intoxication

Question 1

What does intoxication cover?

Answer 1

When the D’s have been charged with a criminal offence but were under the influence of alcohols, drugs or solvent
It is not a defence in itslef but it can support the fact that the D lacked the relevant MR

Question 2

What are the two types of intoxication?

Answer 2

Voluntary intoxication
Involuntary intoxication

Question 3

What is voluntary intoxication?

Answer 3

When the D has brought about his own intoxication
Whether the defence can be used relies on if it is basic or specific intent

Question 4

What is a basic intent crime?

Answer 4

Intention/recklessness
Defence will always fail as the D already has the MR as he was reckless by becoming intoxicated

Question 5

What happened in DPP v Majewski?

Answer 5

HOL stated it is a reckless course of conduct and recklessness is enough to constitute the necessary MR

Question 6

What crimes will basic intent be?

Answer 6

All other NFO’s apart from murder and S.18
Rape

Question 7

What are specific intent crimes?

Answer 7

Intention only
Intoxication may provide a defence if it prevent the D from forming the intnetion
If it did, D will be convicted of a lesser charge (FBP)
Intoxicated intent is still suffficient intent in law

Question 8

What happened in Sheehan and Moore?

Answer 8

Defence succeeded, they were too drunk to form the MR for murder, so the didn’t intend to kill or cause GBH
Convicted of involuntary manslaughter

Question 9

What is dutch courage?

Answer 9

Where the defendant has deliberately become drunk to provide the courage to commit an offence, unable to use the defence

Question 10

What happened in AG v Gallagher?

Answer 10

D drank whiskey to give him the courage to kill his wife
Lord Denning stated intoxication couldn’t be used as the D already formed the MR before intoixcation took place

Question 11

What is involuntary intoxication?

Answer 11

Allowed for crimes of both basic and specific where D takes substance without knowing or it has unwanted side effects

Question 12

What is the test for involuntary intoxication?

Answer 12

Whether the D had the necessary MR at the time of the offence

Question 13

When will the D be able to use the defence on involuntary intoxication?

Answer 13

If the D wasn’t reckless in taking the drug/foresaw the likely outcome of taking the substance

Question 14

What will still be voluntary intoxication?

Answer 14

If the D thought they were drinking with a lower alcohol percentage than they actually were
Allen

Question 15

What are the different kinds of involuntary intoxication?

Answer 15

Prescribed drugs
Soporific drugs
Laces drinks

Question 16

What are presdribe drugs?

Answer 16

D takes a prescribed drug from a doctor and become intoxicated
Bailey

Question 17

What are soporific drugs?

Answer 17

Calming drugs like sedatives or tranquilisers which make a person sleepy or relaxed
Hardie

Question 18

What are laced drinks?

Answer 18

Where D is completely unaware they are consuming an intoxicant, complete defence
D must lack the necessary MR
Kingston

Question 19

What happened in Kingston?

Answer 19

D still possessed necessary MR even though he was laced

Question 20

What about intoxication and other defences?

Answer 20

Mistake
Self - defence

Question 21

What is the rule with mistakes and intoxication?

Answer 21

An intoxicated mistake won’t provide a defence to a basic intent crime, only assists crime if it’s specific and if the D lacked the necessary MR
Fotheringham

Question 22

What is the rule with self - defence and intoxication?

Answer 22

If drunken mistake is about self - defence, D will never have defence if basic or specific intent crime according to the Criminal Justice and Immigration Act 2008
O’Grady

Question 23

What happened in O’Grady?

Answer 23

D was intoxicated and woke to find his friend hitting him so he fought back, his friend was dead the next morning
Intoxication failed as D was reckless as to becoming intoxicated