Homicide Flashcards
What is intoxication?
To be under the influence of drugs or alcohol at the time of committing a crime
What can an individual be intoxicated with?
Illegal drugs, over the counter drugs or alcohol
What is involuntary intoxication?
When the defendant does not know they are taking a substance, e.g. spiked drinks, or taking illegal drugs and mistaking them for aspirin
What is voluntary intoxication?
When the defendant chooses to take intoxicating substances
Involuntary intoxication cases:
R v Kingston (1994) - it was decided that if a defendant is able to form a mens rea for an offence, they cannot use involuntary intoxication as a defence.
Voluntary Intoxication cases:
DPP v Majewksi (1977) - the House of Lords decided that voluntary intoxication may be used to defend crimes of specific intent but not crimes of basic intent.
When can voluntary intoxication be an defence?
Where the case is one of:
- Voluntary Intoxication only
- by alcohol or dangerous drugs
- the defendant lacks mens rea
- the crime is one of specific intent
What is Specific Intent?
An offence with a level of mens rea higher than recklessness:
- murder
- arson / criminal damage
- robbery
- theft
- handling stolen goods
- S.18 - wounding or causing GBH with intent
- attempt to commit any of the above
What are examples of Basic Intent crimes?
- Rape
- Manslaughter
- Assault / Battery
- Arson / Criminal Damage - reckless
- S.20 - Malicious wounding
- S.47 - Assault occasioning ABH
What is Loss of Control?
- partial defence for murder
- influenced by fear or abnormality of the mind
What is Diminished Responsibility?
The defendant is not sound of mind so cannot be held responsible
What case is used for Loss of Control?
R v Clinton (2012):
- D’s wife was having an affair, he beat her and sent photos to her lover.
- Infidelity is not loss of control, but abuse could trigger a reaction
What is a case study for Diminished Responsibility?
R v Lloyd (1966):
- D suffered reactive, recurrent deppressions and his mental responsibility was impaired, but not to a substantial degree.
- D was convicted of murder as he didn’t lack common sense
What is voluntary manslaughter?
The defendant intends to cause harm to the victim, but not to kill them
What is involuntary manslaughter?
Defendant does not intend to kill, or maybe even harm the victim
What is a case for involuntary manslaughter?
DPP v Andrews - defendant was speeding and overtook a lorry, but killed someone crossing the road. He was convicted of manslaughter as he had no intent to kill or cause harm.
