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Crimjnal Evaluatiosn > Intox > Flashcards

Intox Flashcards

1
Q

P1

A

Reduce offence for conviction

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2
Q

P2

A

Unfair inconsistent

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3
Q

P3

A

Undesirable to convict without men’s rea

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4
Q

P4

A

Illogical drunk enough to commit actus but not mens rea

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5
Q

P6?

A

Public policy

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6
Q

P7

A

Reforms

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7
Q

Reduce offence for conviction

A

Majewksi vol intox is only for specific intent

DPP V beard - reduce specific to basic for conviction needed

No justice for V as lower sentence

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8
Q

Reduce conviction sentence example

A

18 = life
20 = 5 year max

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9
Q

Unfair inconsisten

A

DPP V beard - reduce specific to basic

Theft act 1968 - no basic version

No justice
D not held liable
Issues of public policy and intox being used as excuse to commit theft

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10
Q

Men’s rea issue

A

Correspondence Pringle
Majewski - intox is reckless
Yet people drink socially without actual risk of committing any offence
However needed for public policy

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11
Q

Dutch courage

A

Gallagher

D forms men’s Rea then drinks to get courage to commit offence
Works wells

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12
Q

Illogical drink enough for mens but not actua

Case

A

R V Sheehan and moore

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13
Q

Illogical drunk enough for men’s but not actus

A

Drink enough to kill drunk enough to know what he’s doing

Physically able then should be mentally able

However R V lipman - intox must be gross/ extreme

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14
Q

Public policy
Case

A

R V Kingston

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15
Q

R V Kingston explained

A

Man spiked and set up by friend to abuse boy
Abused boy while invol intox

Deemed drunk intent is stil intent

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16
Q

Issue with Kingston

A

Drunk intent is still intent yet he was not reckless in drinking

17
Q

Kingston however

A

Boy was still abused

Intox must be gross and this was not the case

18
Q

Issues around public policy and reactions

A

R V hardie

Seen as involuntary but means d is not held accountable for actions

19
Q

Intox reforms

A

Butler committees

Law commission 2009

20
Q

Butler committee

A

Introduce non defence - only look at in sentence

21
Q

Law commission

A

Clear test to see d state of mind
What kind of intox in vol and invol

Crimjnal Evaluatiosn (4 decks)

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