Intoxication Flashcards
What is the structure for intoxication?
- intro
- Voluntary/ involuntary intoxication
- specific/ basic intent (describe offence and which one it could be)
- Are they too intoxicated to form the mens rea?
- Did the D have the required mens rea before becoming intoxicated. (+ dutch courage if applic)
- Conclusion-would the defence apply?
What would the introduction for intoxication be?
-evidence of intoxication
-evidence that beyond all reasonable doubt + evidence, the defendant still formed the mens rea.
-partial defence
What is meant by voluntary intoxication?
-voluntarily taken drugs, alcohol ect.
What is meant by involuntary intoxication?
includes-
1. prescribed drugs taken properly.
2. sopheric drugs (sleep inducing).
3. Spiked drinks
Which case goes with drugs that have an unexpected effect? (including sophoric drugs)
R V Hardie.
R V Hardie
-if a D does not see a risk that a drug will have an unexpected/unpredictable affect, the D will be involuntary intoxicated
Which case goes with presciption drugs?
R V Bailey
R V Bailey
-a person may become involuntary intoxicated through prescription drugs.
-can’t rely on defence if the prescription drugs have been taken recklessly.
Which case goes with is the D too intoxicated to form a mens rea?
- DPP V Majewski
- R V Kingston
- DPP V Beard
DPP V Beard
D must be completely incapable of forming the mens rea for intoxication to apply.
R V Kingston?
-drunken intent is still intent.
DPP V Majewski?
-voluntary intoxication is not a defence to a basic intent crime, it is only a defence to a specific intent crime
Which case goes with ‘did the D have the required mens rea before becoming intoxicated’?
-AG for NI V Gallagher
-R V O’grady
AG for NI V Gallagher?
-Dutch courage is no defence – a drunken intent is still an intent
R V O’grady?
-there is no defence if the D has made a mistake as to the need for self-defence due to intoxication
