intoxication Flashcards

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1
Q

voluntary intoxication

A

basic crimes will fail and for specific crimes it can reduce the sentence if it lacks MR

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2
Q

involuntary intoxication

A

if they succeed it can lead to an acquittal, drugs from a doctor, soporific drugs and spiked drinks

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3
Q

dutch courage

A

no defence as they had to MR before

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4
Q

Majewski

A

drink and drug marathon - attacked multiple people (S.47). He was guilty as he had intoxicated intent for a basic reckless crime. Goes against S.8 as it ignored D’s foresight.

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5
Q

Richardson and Irwin

A

Uni students threw friend of a balcony. NG due to misdirection. Test - if sober would D have had the MR. Goes with S.8 as it should fail but it looks at D’s foresight.

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6
Q

Lipman

A

took LSD and strangled his girlfriend who he thought was a snake. NG as he lacked the MR for murder so convicted of manslaughter, good PP.

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7
Q

Beard

A

raped and strangled a young girl. G, capable of forming intent. At the time did they have capability?

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8
Q

Sheeman - law today

A

set fire to a tramp. NG as intox succeeded for manslaughter. Did D form the MR?

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9
Q

Heard

A

rubbed hi genetials up and down a police officers thigh. G as it was a basic crime. They had intoxicated intent.

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10
Q

Gallagher

A

got drunk to be able to kill his wife. G has he had the MR before. DC is never a defense.

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11
Q

Bailey

A

30 years diabetic, didn’t eat after insulin and assaulted his ex. G intox failed as he was reckless and had intoxicated intent.

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12
Q

Hardie

A

Took valium for the first time and set fire to a wardrobe. NG intox succeeded as he hadn’t been reckless as it was involuntary

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13
Q

Kingston

A

blackmailed and spiked work collegue to rape young boy. NG COA - spiking. G HOL - intox intent

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14
Q

Allen

A

homemade wine drunk and raped young boy. G as it was a basic crime of invol intox

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15
Q

Harris

A

extreme drinking triggered alcohol psychosis causing D to set fir to the house. intoxication irrelevant but insanity.

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16
Q

Lipman - other defenses

A

LSD snake. Automatism irrelevant. Intoxication relevant, manslaughter.

17
Q

Fotheringham

A

raped wife but it was actually the baby sitter. G basic intent. Intoxicated mistake is no defense

18
Q

O’Grady

A

8 ciders, mistaked his friend for hitting him and killed him. G basic crime so reduced to manslaughter. Obiter - intox mistake isn’t a defense for specific.

19
Q

Hatton

A

5ft stick and 20 pints - killed man. G of murder intox mistake is no defense for specific.

20
Q

Jaggard v Dickinson

A

broek through ‘friends’ window, wrong house. NG even though it was into mistake. Established the defense under criminal damage.

21
Q

Dietshmann

A

Aunty Sarah his girlfriend was killed making him drink whilst depressed. D kicked a man to death. NG as DR succeeded. Without alcohol did D have the DR?

22
Q

Tandy

A

alcoholic mum killed her daughter who admitted to her she was been sexually abused. DR failed, no brain damage, 24/7 invol xxxx

23
Q

Wood

A

2 men drinking, he tried having oral sex with him so killed him with a meat clever. DR succeeded as addiction was now accepted as part of DR.