General Defence - Insanity

Question 1

Intro

Answer 1

Intoxication is not a defence as such, it is used when mens rea for a crime cannot formed through intoxication……

Question 2

Involuntary - Drug having differnt effect than anticipated

Answer 2

(R v Hardie) Will remain involuntary intoxication.

Question 3

Underestimating a drugs strength

Answer 3

WIll remian voluntary intoxication

Question 4

What can involuntary be used for

Answer 4

Both specific intent and basic intent offences (Pearsons case)

Question 5

Intent to do before involuntary intoxication

Answer 5

HoL Held in (R v Kingston) that drunken intent is still intent

Question 6

What can Voluntary intoxication be used for

Answer 6

Specific intent only, mens rea cannot be formed.

Question 7

Basic intent and Voluntary intoxication

Answer 7

Becoming intoxicated is reckless, satisifes the basic intent of subjective recklessness (DPP v Majewski)

Question 8

Confusion about Specific vs Basic

Answer 8

Confusion can be seen as in (R v Heard) however, generally accepted examples incldue S18 GBh and Murder

Question 9

Specific intent before getting intoxicated

Answer 9

If they form the mens rea for a specific intent offence before voluntary intoxication, they cannot rely on the defence (gallagher)