intoxication Flashcards
voluntary intoxication
basic crimes will fail and for specific crimes it can reduce the sentence if it lacks MR
involuntary intoxication
if they succeed it can lead to an acquittal, drugs from a doctor, soporific drugs and spiked drinks
dutch courage
no defence as they had to MR before
Majewski
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.
Richardson and Irwin
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.
Lipman
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.
Beard
raped and strangled a young girl. G, capable of forming intent. At the time did they have capability?
Sheeman - law today
set fire to a tramp. NG as intox succeeded for manslaughter. Did D form the MR?
Heard
rubbed hi genetials up and down a police officers thigh. G as it was a basic crime. They had intoxicated intent.
Gallagher
got drunk to be able to kill his wife. G has he had the MR before. DC is never a defense.
Bailey
30 years diabetic, didn’t eat after insulin and assaulted his ex. G intox failed as he was reckless and had intoxicated intent.
Hardie
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
Kingston
blackmailed and spiked work collegue to rape young boy. NG COA - spiking. G HOL - intox intent
Allen
homemade wine drunk and raped young boy. G as it was a basic crime of invol intox
Harris
extreme drinking triggered alcohol psychosis causing D to set fir to the house. intoxication irrelevant but insanity.