DEFENCES - intoxication Flashcards
waht is intoxication offece
intoxiction is not an DEFENCE but it is relevanyt within the context of defnece as it may impact whetehr the d held the required mr of an offence
when is intoxication relevant
for the subjective mental states but not for objevtive
if a case invoving what arises
basic intent and intoxication arises the courts MAY consider the distinction between basic and specific intent
what is the differnce between intoxication being applied in nz vs in the uk
in the uk they consider whether the intoxication was volentary or not as this is only relevant to soecific intemt where as in nz this has been left open menisng volentray intoxication is relevant in nz
kamipeli facts
k was drinking one night, 7.5 litres, he though somon was threanening his mate so he attcaked the man and eneded up killing him so charged with murder
kamipeli issue
had he trail judge misdirected the jury to the level of intoxiciation
kamipeli held
yes the trial judge had misdirceted the jury as they should be left free to assess the extent to which intoxication is revelant to d’s intent
r v kirby facts
k was convicted of burlgary and arson his ex gf hosue after drinking
r v kirby issue
should the jury be dirceted on intoxication
r v kirby held
no shouldnt be lead to intoxication as there was no reasonable possibility that K’s mr was lacking due to intoxication, only need to dircet jury if there is credible evidnce for supporting a defnce
steps for lookng at defeces
- Determine if the actus reus (AR) and mens rea (MR) are met.
- If they are, examine the applicable defenses.
- There’s no point in considering defenses if AR and MR are not established.
- Identify the elements of the defense.
- Apply these elements to the specific facts of the case.
tips for exam for intoxication
may involve defendants who were drinking before the crim mayb to alleviate nerves or under the influnece in a public setting like a pub
DRINKEN INTENT IS
DRINKEN INTENT IS
INTENT NONTHELESS
