General defence of intoxication Flashcards
What does intoxication include
the effects of drugs, alcohol and solvents
What does it mean to be intoxicated
D’s judgements may be incapacitated
What does the law on intoxication try to achieve a balance between
Public policy and legal principle, however PP prevails
What is public policy
Based on public protection and encouragement of good behaviour. The courts should protect innocent victims of crimes and justice should be brought to bear on people who commit crimes
what is legal principle
Imposes liability where there is fault. Law must be far and safeguard the rights of D. So D must have necessary MR for offence and acted voluntarily
How has the law on intoxication been developed
Through case law
What are the two types of intoxication
voluntary intoxications and involuntary intoxication
