Intoxication

Question 1

What is intoxication

Answer 1

Intoxication covers both excessive drinking and various forms of drug taking.

Question 2

What are the rules of intoxication dependant on

Answer 2

Whether the intoxication is voluntary or involuntary, and whether it is of basic or specific intent

Question 3

What is voluntary intoxication

Answer 3

Where d has chosen to take an intoxicating substance, such as alcohol or illegal drugs.

Question 4

What is involuntary intoxication

Answer 4

Where d can prove that they were intoxicated against their wishes or without their knowledge eg spiked.

Question 5

What are basic intent crimes

Answer 5

Those for which subjective recklessness is sufficient for the mens rea
-involuntary manslaughter, s.20 GBH or wounding, s.47 ABH and assault and batter.

Question 6

What are specific intent crimes

Answer 6

Those which require specific intention for the means rea

-murder, s.18 GBH or wounding

Question 7

Where can the defences be be applied

Answer 7

Voluntary+ basic = no defence (DPP V Majewski)
Voluntary + specific = defence allowed (lipman)
Involuntary + basic and specific = defence allowed (Pearson)