Intoxication Flashcards
Which case established the requirement for intoxication? What is that basic requirement?
R v. Sheehan and Moore established that the intoxication must prevent the D. from forming a mens rea.
List the four occasions which a D. can be involuntarily intoxicated.
- Spiked - R v. Allen
- An adverse reaction to prescription drugs - R v. Bailey
- An adverse reaction to soporific drugs - R v. Hardie
- Duress (no cases)
What did DPP v. Beard establish?
If the D. raises intoxication to murder, the Jury can convict the D. of manslaughter.
What did DPP v. Majewski establish?
Voluntary intoxication cannot be a defence to crimes of basic intent.
Which case changed the mens rea requirement of sexual assault from specific to basic intent?
R .v Heard.
Can Dutch courage be used as a defence?
No, as seen in Attorney General for Northern Ireland v. Gallagher.
Can mistaken self-defence work as a defence if the D. was voluntarily intoxicated?
No, as seen in R v. O’ Grady.
Can mistaken self-defence work as a defence if the D. was voluntarily intoxicated?
No, as seen in R v. O’ Grady.
Give two advantages of the law of intoxication.
1) . ‘Prevents and easy route to impunity’ - A-G for NI v. Gallagher - decision can be justified as it prevents people from drinking merely to gain access to the defence - also balances legal principle by claiming the MR was formed beforehand.
2) . Favours legal principle as the onus is on the prosecution - the golden thread of crimes (presumption of innocence) is maintained - to remove would deprecate the administration of justice - though this is a difficult burden to prove.
Give two disadvantages of the law of intoxication.
1) . Regularly goes against legal principle by favouring the impact on society - R v. Kingston was unjustified as he was convicted on his background - Professor Clarkson - third party removes defence mechanisms, blame becomes inappropriate - disregarding legal principle in this case.
2) . Majewski rules only add to the confusion and are a rudimentary attempt to gain a conviction and appease the public - whilst they work, to some extent, for crimes of specific intent - they do not work for attempts and property offences - suggestion would be to create a corresponding offence of basic intent - though this would not rectify the issue of attempted crimes.
