Intoxication

Question 1

What are the two types of intoxication ?

Name the other thing that goes under this defence

Answer 1

• Voluntary intoxication (specific intent offences and basic intent offences)
• Involuntarily intoxication
• Drunken Mistake

Question 2

You are extremely drunk and throw petrol on a homeless person, then set it of fire. He dies, What case is this ?

Answer 2

• R v Sheehan and Moore (1975) - couldn’t use intoxication as they were accused of manslaughter

Question 3

You want to kill your wife, so you buy a knife and a bottle of whiskey for “dutch courage”. You consume a large amount of the bottle and are extremely drunk, before stabbing your wife to death. What case is this ?

Answer 3

• A - G for Northern Ireland v Gallagher (1963)
• Held that the drunken intent is still an intent
• Charged with murder

Question 4

You have consumed large amounts of alcohol and drunk in a pub. You attack the landlord and damages the premises. When the police arrive, you also attack them. What case is this ?

Answer 4

• DPP v Majewski (1977)
• not a defence
• voluntarily becoming intoxicated is considered a reckless course of conduct